What types of cases are not suitable for mediation?

Alternative dispute resolution (ADR) is a set of procedures used to resolve disputes in South Carolina through non-judicial means. Mediation is one of the most popular forms of ADR, but not all cases are suitable for mediation. Cases involving public policy disputes, such as issues of civil rights or consumer protection, are generally not suitable for mediation. These types of cases may involve legal principles that could be better addressed through a judicial process. Some criminal cases are also not suitable for mediation. These include cases involving serious matters such as fraud, manslaughter, or rape. Criminal cases typically require a higher standard of proof beyond a reasonable doubt, whereas mediation typically requires a lower standard of proof by a preponderance of the evidence. In addition, cases involving family law, such as divorce, child custody, or visitation are difficult to handle through mediation. These cases usually involve very strong emotions and therefore require the expertise of a court of law to resolve issues of fairness. Cases with numerous or complex parties or facts may also not be suitable for mediation. In cases involving complex legal matters, a trial is often the only way to resolve the dispute. In summary, mediation is not suitable for cases involving public policy disputes, serious criminal cases, matters of family law, and those with multiple parties or complex facts. In these cases, a court of law is often the most appropriate means of dispute resolution.

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