What happens if an agreement is not reached in a collaborative law process?
In South Carolina, if an agreement is not reached during the collaborative law process, the parties involved in the dispute may go to court. However, there are some instances where the parties may agree to use other forms of Alternative Dispute Resolution (ADR) or mediation to try and reach an agreement. This could include using a neutral mediator to help the parties come to a settlement or an arbitrator to make a binding decision. If the parties in the dispute are unable to reach a settlement, the collaborative law process will likely be terminated and the parties will then be free to pursue the case in court. If a settlement is achieved through the ADR or mediation process, the parties will likely be required to sign a legally binding agreement that outlines the terms of the agreement. Another option is for the parties to continue the collaborative law process. In this situation, the parties may use a different attorney to help with the negotiation process or the parties may agree to enter into mediation again. Regardless of the outcome, the collaborative law process is designed to help the parties avoid going to court if possible. Therefore, it is important for both sides to make every effort to reach an agreement that is fair and amenable to all parties.
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