When should mediation not be used?

Mediation is an effective tool to help parties resolve disputes amicably, but there are certain situations in which the use of mediation is not appropriate. In South Carolina, mediations should not be used if one of the parties is in a vulnerable position or not adequately equipped to participate in the process. This may include instances of power or psychological imbalance, such as when one party is a minor or under the influence of an intoxicant, or when one party is particularly vulnerable due to mental illness or illness of any kind. Additionally, South Carolina courts may discourage the use of mediation when the dispute involves public policy issues or significant alleged civil rights violations, such as discrimination. In these cases, due to the importance of the issues involved, mediation may not be the best tool for resolving the dispute. It is important to note that parties should also exercise caution before using mediation if one party has significant assets, as the agreement may not be enforceable or legally binding. In these cases, it may be better to pursue more formal avenues of dispute resolution, such as arbitration or litigation, to ensure that the agreement is legally binding and enforceable.

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