What is the role of the court in a mediation process?
The role of a court in a mediation process is to ensure that all parties involved are able to resolve an issue or dispute in an equitable and fair manner, without needing to resort to a lengthy and expensive litigation process. In South Carolina, courts are typically involved in the mediation process to ensure that the outcome is fair for both parties involved in the dispute. The court can provide guidance and support in helping the parties to reach a mutually acceptable settlement. The court will typically appoint a mediator, who is a neutral third party, to help facilitate discussions and negotiations between the parties. The mediator helps ensure that the parties negotiate in good faith and that their respective interests are taken into consideration. The mediator is also responsible for ensuring that all negotiations are conducted in an orderly and respectful manner and that all the mediation process is followed. The court will also issue orders that are binding upon the parties in the event that they cannot agree on a settlement. The court has the authority to decide how the dispute shall be resolved, in the event that the mediator is unable to bring about a resolution that is acceptable to all parties. The court may also make rulings that enforce any agreements that the parties come to in the mediation process.
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