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1.
What is the Upstate Mediation Center?
The Upstate
Mediation Center is a non-profit organization
that offers a voluntary alternative to the Court process
by solving disputes through the use of mediation.
The Center offers services to all people regardless
of their ability to pay.
2.
What is mediation?
Mediation
is a negotiation
process between two or more parties with the hope of arriving at a
mutual agreement. It is a voluntary process in which
an unbiased, neutral third-party mediator assists with
settlement talks. Any agreement the parties reach
is voluntary. The mediator does not act as a judge, or decide the dispute,
but rather helps the parties reach an agreement. If
the parties involved do not reach an agreement, they
lose none of their rights to proceed to court.
3.
How does mediation differ from arbitration?
In
arbitration, the arbitrator decides the matter like
a judge. However, in mediation, the mediator helps
the parties by facilitating communication of issues
and ideas between the parties. It is a win-win situation
since the parties ultimately are the ones who decide
the matter.
4.
What types of disputes can be mediated?
In
Greenville County, mediation is required in civil
cases in Circuit and Family Court before the case
goes to a judge or jury for final disposition.
However,
people can mediate most any dispute, even before it
goes to court, in addition to Circuit Court types of
cases (i.e. contact disputes, injury, etc.) and Family
Court cases (property, child custody, visitation
and support issues). The Upstate Mediation Center also mediates Magistrate Court
types of disputes, family disputes, employee/employer,
home owner association, property, nuisance complaints,
and lawsuits under $7,500. Call us to find out if your dispute
is good for mediation.
5.
Why is mediation cheaper and faster than litigation?
Mediation
usually proves less costly and time-consuming than
litigation because the mediation process focuses on
solutions immediately. The parties need not engage
in lengthy court proceedings, etc. In mediation, there
are are also NO attendant costs and exhibit preparation
cost. Conflicts that may take years to resolve in
court, can be resolved at a fraction of the cost through
mediation.
6.
Is mediation confidential?
Yes. The mediation itself is confidential in that the mediator
cannot be subpoenaed into Court to testify as to what
was said during mediation. This allows the parties
to openly discuss issues without threat of having
this information repeated in Court.
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