Mediation can be a great tool for a divorce, custody case, or other family law dispute. It is a non-adversarial, flexible setting. At the same time, mediation does not work in every case. At Query Sautter & Uricchio, LLC, we have extensive experience with family mediation. A Charleston family law attorney can explain what happens if mediation does not work for you.
Mediation is Not Always Successful (Failure to Get a Settlement is Not Rare)
Mediation is the best option for many family law cases. It usually makes sense to at least try mediation. In fact, in South Carolina, courts generally require mediation in family cases before trial. At the same time, it is not a panacea. It is not uncommon for the parties to fail to reach a settlement. Mediation requires both parties to communicate openly and compromise in good faith. If one side refuses to negotiate or if the issues are simply too contentious, mediation may break down.
Mediation Did Not Work? Three Things to Know About What Comes Next
1. Your Case Will Be Set to Return to Court Proceedings
Family mediation is generally non-binding in South Carolina. When mediation does not resolve the dispute, your case typically returns to the family court, or, alternatively, if your case has not reached court yet, it will be on the path towards litigation. Unlike mediation, the court process is adversarial, and the judge (not the parties) makes the final decision. Wherever your case was at the point you entered mediation, you will effectively be returned to that point in the process.
2. Interim Orders Likely Still Apply if Any Were Issued
The failure of family mediation does not undo everything else that has happened in your case. Even if mediation fails, temporary orders issued by the court remain in place. For example, interim custody schedules, child support obligations, or spousal support orders will continue until the case is resolved. To be clear, these orders can be modified later. Still, they provide structure while the case proceeds through litigation. A Charleston, SC family lawyer can help you navigate the implications of any interim orders that may remain in place.
3. Settlement Absolutely Remains Possible
The end of mediation does not eliminate the possibility of settlement. Quite the contrary, settlement is still possible. Further, your case may even be well-suited for another round of mediation at some point in the future. Parties can reach an agreement at any point in the litigation process—even after a trial begins. Often, failed mediation highlights the key issues in dispute, which can sometimes lead to renewed settlement discussions down the road.
Contact Our Charleston Family Mediation Lawyer Today
At Query Sautter & Uricchio, LLC, our Charleston family mediation attorney has the knowledge, skills, and experience that you can trust. If you have any questions about mediation or your other options, please do not hesitate to contact us for a fully confidential consultation. Our firm handles family mediation in Charleston and throughout the entire region in South Carolina.