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No, a mediator is not a judge, and cannot make decisions a judge might make in a Court of Law.
The role of a mediator is to meet with the two parties, who are going through a divorce and their lawyers, discuss the points each party and each attorney wishes to make about the divorce issues, try and help each party consider some of the points the other party is making, and to finally help to devise a settlement of those issues that each of the parties and their lawyers can agree upon.
Generally, the mediator does not place the disputing parties in the same room together. Instead, each party is placed in a separate room, so that each may be free to talk to their lawyer and the mediator to express their feelings about the issues discussed. This would be more difficult if each of the disputing parties and their lawyers were in the same room with the mediator, and everyone is arguing about the issues. The custom in mediation in South Carolina is for the mediator to go from one room, where one party and lawyer are seated, to the other room where the other party and lawyer are seated.
Almost all counties in South Carolina mandate mediation in Family Court cases.
No, you are not required to make an agreement in mediation . However, it is an opportunity for each party to avoid the continuation of the divorce proceedings, the stress that comes with prolonging those proceedings, the addition of attorney’s fees that accumulate for each party, and the necessity of a full blown trial on all issues that tear family and friends apart in the end. Costs beyond mediation and during trial can build to an amount that can be out of control and above the ability of most folks to afford. Do yourself a favor, and seriously consider trying to make an agreement during mediation in an effort to end the disputes, and to move forward with your lives.
If you make an agreement, during mediation, the mediator will prepare the agreement in writing before the parties leave, and have each party and each lawyer review, and sign the agreement. Then, one of the two parties’ lawyers will file a Motion for a Final Hearing, and present the agreement to the Family Court Judge asking the Judge to make the mediated agreement an Order of the Court.
