What is the legal effect of a decision reached in a private judging system?

In South Carolina, the legal effect of a decision reached in a private judging system, commonly known as alternative dispute resolution (ADR), depends on the specific type of ADR process that is chosen. Generally, ADR is a process separate from formal judicial proceedings where parties can resolve disputes in a private and informal setting. If the parties enter into a binding process, such as arbitration or mediation, the decision reached is legally binding and enforceable by a court of law. The court will enforce the agreement as if it were a court order. For example, if a dispute over money is resolved through arbitration and the decision is to award a certain amoung of money to one of the parties, the court will enforce the ruling and order the party to pay what was awarded. If the parties enter into a non-binding process, such as mini-trials or private judging, both parties can accept the judicial decision as a binding resolution or not. Since the decision is non-binding, either party can bring the dispute to court if the other party does not comply with the decision that was reached. In conclusion, the ultimate effect of a decision reached in a private judging system in South Carolina depends on the type of ADR process chosen. For binding processes, the decision is legally-enforceable whereas for non-binding processes the decision is not necessarily legally-enforceable, though both parties can accept the decision as binding.

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