What is mediation?
Mediation is a process for people to have face-to-face conversations about the issues important to them. Mediators are impartial and will not make decisions for you. They help people in conflict communicate and support their own decision-making. Mediation is a voluntary and confidential process.
How is mediation different from arbitration?
A core value of mediation is party self-determination. McLeod Law & Mediation (ML&M) mediators facilitate the conversation between parties so that they can make decisions that are important to them. Arbitration is a quasi-judicial process where the arbitrator hears the evidence from both sides and makes a binding decision.
How can someone request mediation?
One party contacts us and confidentially talks with us about the conflict. We can contact the other party or the caller can talk with the other party and ask him/her to call McLeod Law and Mediation.
What happens if one party refuses to mediate?
In South Carolina, parties involved in a pending court matter are required to participate in Mediation.
What about confidentiality?
All communication during intake and in a mediation session is confidential except in cases of child abuse or the abuse of a vulnerable adult. We cannot disclose what is said in mediation. This confidentiality extends to referral sources too. We will only disclose if mediation was held or not held. If no mediation was held, we will not disclose why the session was not held, including the refusal by each or both parties
Will mediators give suggestions as to how we can resolve our conflict?
The mediator's primary role is to assist the parties in their discussion, so they are able to hear each other and decide how they wish to address the conflict. Most mediators do not offer suggestions, although some do in the form of options. Ultimately, it is the parties’ decision as to what is best for their situation. The mediators facilitate that discovery.