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Arbitration and Mediation

Definitions

  • Mediation - An informal process in which a third-party mediator facilitates settlement discussions between parties. Any settlement is voluntary. In the absent of settlement, the parties lose none of their rights to trial by judge or jury.
  • Mediator - A neutral person who acts to encourage and facilitate the resolution of a dispute.
  • Arbitration - An informal process in which a third-party arbitrator issues an award deciding the issues in controversy. The award may be binding or non-binding. In the event that the parties have chosen binding arbitration, than the arbitrator's award may be entered as judgment of the court. If the award issued by the arbitrator is non-binding, the parties lose none of their rights to proceed to trial by judge or jury. The arbitration process identified in these rules is non-binding arbitration, provided that any parties dissatisfied with the arbitrator's award files a timely demand for trail de novo pursuant to Rule 7(c) (within 30 days).
  • Arbitrator - A neutral person who acts to decide the issues in controversy of a dispute. 
  • Neutral - A mediator or arbitrator. 
  • Certified - The term "certified" as used herein shall mean a mediator or arbitrator who is certified by the South Carolina Supreme Court Board of Arbitrator and Mediator Certification.

 

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