FREQUENTLY ASKED QUESTIONS
Everything you want
to know
Questions organized by topic. Click any question to expand. Don’t see what you need? Reach out — we’re happy to help.
BEFORE MEDIATION
Mediation is a process in which two or more parties in conflict agree to work towards understanding and resolving their differences with the help of a neutral third party.
Unlike a courtroom, mediation is collaborative rather than adversarial. Instead of having a judge decide for you, mediation gives everyone involved the opportunity to discuss the issue together and work toward a solution they can all agree on. Mediation is often less stressful, less expensive, and can usually be completed more quickly than litigation.
Mediation can be helpful for many types of disputes, including family matters, workplace conflicts, neighborhood disagreements, landlord-tenant issues, business disputes, and more. If you’re unsure whether mediation is the right option, our team is happy to discuss your situation and help you determine whether our services are appropriate.
Yes, your case will be accepted, so long as at least one party qualifies for pro bono/low bono services.
The mediation may be rescheduled, or the case may proceed to court. A Non-Appearance Form must be filed.
Should you have an attorney representing you, they are welcome to attend the mediation.
No. Mediators remain neutral throughout the process. Their role is to facilitate productive conversations, help clarify issues, and encourage constructive problem-solving—not to judge, take sides, or decide the outcome.
Yes. Both parties are always kept separated, so the mediator can speak freely with each party.
Some form of Alternative Dispute Resolution (ADR) is mandatory in all circuit court and family court cases in all 46 South Carolina counties. Additionally, probate and magistrate court judges may order mediation in cases if they deem it necessary.
Parties may request relief from any mediation requirement by motion, and relief shall be given freely for good cause shown.
Counseling focuses on improving relationships, emotions, and mental well-being. Mediation focuses on resolving a specific conflict or disagreement. While communication may improve during mediation, the goal is to help participants reach practical agreements rather than provide therapy.
The LMC provides mediation services for:
- Family and parenting disputes
- Divorce and separation matters
- Small claims and civil disputes
- Probate cases and heirs’ property cases
- Landlord-tenant disputes
- Contract disputes
- Personal injury cases
- Property disputes
- Employee/employer disputes
If you’re unsure whether your situation qualifies, please contact us—we’re happy to help.
If there is a court order mandating mediation through the LMC by a certain date, and if that date is within 90 days of the date of your request to us, we will schedule mediation in order to comply with the court order. Otherwise, we need both parties to agree to use our services before we will schedule mediation.
Nobody is required to have an attorney in order to use LMC services. However, it is always recommended that you consult with an attorney if you have a court case pending or if you believe that there will be a court case filed. Then you can make an informed decision about whether to proceed “pro se” (as a “self-represented litigant”) or with an attorney representing you.
The following are four organizations in the Lowcountry, listed in alphabetical order, that provide free/reduced rate legal services:
- Charleston Legal Access (reduced-fee services on a sliding scale based on income and household size, not free)
- Charleston Pro Bono Legal Services (Charleston County only)
- Lowcountry Legal Volunteers
- South Carolina Legal Services
Yes. Mediation at the Lowcountry Mediation Center is strictly confidential. Personal, financial, and other case-related materials may be shared with the assigned mediator and, in some cases, with law students or mediators-in-training who are observing.
All LMC staff, mediators, and participants involved are bound by strict confidentiality requirements in accordance with South Carolina’s Alternative Dispute Resolution (ADR) Rules. Your privacy and the integrity of the mediation process are our top priorities.
The mediator may offer suggestions based on experience but will never pressure either party and cannot provide legal advice.
Yes, our mediators are trained to help parties communicate their goals in order to reach an agreement that works for everyone.
SCHEDULING & LOGISTICS
You may request a mediation via our Request a Mediation page or by contacting us at (843)-972-3683 or info@lowcountrymediation.org.
This varies depending on the availability of mediators and how quickly the LMC receives the necessary items to schedule a mediation.
Yes, both parties need to pay the application fee. This is a nominal but important fee that helps the LMC maintain its services.
While family court requires at least 3 hours, the LMC schedules for a minimum of 4 hours. Sessions can last a full day or longer depending on the complexity of the issues and the willingness of the participants.
However, the mediator may choose to end the session early if they determine the participant(s) is no longer willfully negotiating in good faith.
Yes. The LMC offers mediation services via Zoom.
In-person sessions will be scheduled at either an attorney’s office, the Charleston School of Law mediation center, or one of the courthouses (for example, the Magistrate’s Court).
We understand that plans can change. If you need to cancel or reschedule your mediation session, please contact us as soon as possible.
To reschedule your appointment, please let us know at least five business days before your scheduled session. Cancellations made with less than 24 hours’ notice will result in the forfeiture of any advance mediation fees that have been paid. Please note that the administrative fee is non-refundable.
If something unexpected comes up, we encourage you to contact us right away. Our team will do their best to explain your options and answer any questions about scheduling or fees.
Documents to gather and send to the LMC in advance (*all materials are due at least 72 hours before the session):
- All relevant documents, evidence, correspondence, and notes
- In family court: both parties’ financial declarations and all documents filed with the court
- A personal position statement explaining your perspective
Questions to think about:
- What outcomes do you want? Where might you be willing to compromise?
- What are the strengths of your position? What are the weaknesses?
You will receive a welcome email outlining the next steps and what items are needed before scheduling a session can occur. The LMC is available to answer any questions you may have.
Fees are assessed on an individual basis using a sliding scale tied to the Federal Poverty Guidelines. At least one party must qualify at Level I, Level II, or Level III for LMC Services. For more information, please see our Fee Information.
No. Administrative fees are due from each party at the time of requesting the mediation. Mediation fees are due 7 days following the scheduling of the mediation, or 48 hours before the scheduled mediation session, whichever is sooner.
It can take anywhere from an hour to multiple sessions to come to an agreement. Family court requires a minimum of 3 hours.
LMC offers in-person mediation and can also guide you through Zoom access via mobile phone.
Yes, the LMC can provide an interpreter if needed.
DURING THE MEDIATION
- The Opening
- The mediator will introduce themselves, explain their role, review ground rules, and determine whether all parties consent to mediating and are willing to do so in good faith. Confidentiality will be confirmed unless 1) harm to yourself, or 2) harm to others. Notes taken by the mediator are destroyed at the end of the session.
- The mediator will introduce themselves, explain their role, review ground rules, and determine whether all parties consent to mediating and are willing to do so in good faith. Confidentiality will be confirmed unless 1) harm to yourself, or 2) harm to others. Notes taken by the mediator are destroyed at the end of the session.
- Breakout Room Process
- Whether in person or via Zoom, each party participates from a private conference room or breakout room. This allows for confidential discussions with the mediator. Parties are not required to meet together- if either party prefers not to, the mediator will honor that request.
- Whether in person or via Zoom, each party participates from a private conference room or breakout room. This allows for confidential discussions with the mediator. Parties are not required to meet together- if either party prefers not to, the mediator will honor that request.
- Discussion and Negotiation
- The mediator moves between rooms, beginning with the Plaintiff (the party who filed). They listen to each side, identify areas of agreement and disagreement, and carry offers and counteroffers back and forth. They may offer negotiation suggestions based on experience but will never pressure either party and cannot provide legal advice.
- The mediator moves between rooms, beginning with the Plaintiff (the party who filed). They listen to each side, identify areas of agreement and disagreement, and carry offers and counteroffers back and forth. They may offer negotiation suggestions based on experience but will never pressure either party and cannot provide legal advice.
- Possible Outcomes
- Agreement reached→ Settlement Agreement: Written agreement drafted and signed (or e-signed) by both parties. Becomes legally binding once approved by a judge.
- No agreement→ Unresolved: Case returns to court for trial scheduling.
No. The mediator facilitates the discussion but does not make decisions. The mediator controls the process; the parties control the outcome.
This is completely up to the individual mediator.
No, only parties to the case, attorneys, and interpreters can attend.
There is no formal dress code.
The mediator is a neutral facilitator. They help guide discussion, identify issues, and explore options. They may offer suggestions based on experience but will never take sides or tell anyone what to do. They cannot be subpoenaed to testify in court.
Generally, no—especially in Family Court.
Parties are kept in separate rooms. If either party prefers not to meet jointly, the mediator will honor that.
If an agreement cannot be reached, the case continues in court.
No, only parties to the case, attorneys, and interpreters can attend.
OUTCOMES
A written agreement drafted and signed (or e-signed) by both parties. Becomes legally binding once approved by a judge.
If an agreement isn’t reached, you still have other options available, including continuing through the court process. Even when a full agreement isn’t reached, mediation can often help narrow the issues in dispute.
Usually, this is an option unless there is a court deadline that you are working within.
Agreements are binding as a contract if both parties willfully sign. They become enforceable by the court only after a judge approves them. You cannot be forced to sign anything, and no agreement will be entered into unless both parties agree to enter into one.
No. Mediation is about exploring solutions—not forcing an agreement. If an agreement cannot be reached, participants are free to pursue other options.
Your mediated agreement should be brought to a final court hearing after mediation, where the judge can approve the agreement and make it enforceable. The court is then the proper place to raise concerns about agreement violations.
COURT-REFERRED CLIENTS
If you have been referred to mediation by the court, contact the Lowcountry Mediation Center as soon as possible. Our team will explain the next steps, answer your questions, and help schedule your mediation session. If possible, have your court paperwork or case information available when you contact us.
Mediation is generally confidential, which means the details of your conversations are not shared with the court. Depending on your case, the court may simply be informed whether mediation took place and whether an agreement was reached.
If you have questions about confidentiality in your specific situation, we’ll be happy to explain the process before your session begins.
No. The mediator facilitates the discussion but does not make decisions. The mediator controls the process; the parties control the outcome.
To help us assist you more efficiently, please have as much of the following information as possible:
- Your name and contact information
- The other party’s name (if applicable)
- Your case number
- The name of the court handling your case
- Any upcoming court dates or deadlines
- A brief description of the dispute
Don’t worry if you don’t have all of this information—we’ll help guide you through the process.
The mediation process itself is generally the same. A neutral mediator helps participants communicate, explore solutions, and work toward an agreement.
The main difference is that participation has been ordered by the court. Even in court-referred cases, participants are encouraged to work together to develop solutions that meet everyone’s needs.
VOLUNTEER & COMMUNITY
We’re always excited to welcome individuals who are passionate about helping others resolve conflict. If you’re interested in becoming a volunteer, visit our Volunteer page or contact us to learn about current opportunities, training requirements, and the application process.
Not necessarily. While some volunteer mediators have legal or conflict resolution backgrounds, people from a variety of professional and personal experiences may be eligible to volunteer.
We encourage anyone interested in supporting our mission to contact us to learn more about the qualifications and opportunities available.
Mediators are formally trained and certified by the state. The LMC has an onboarding process that allows our volunteer mediators to familiarize themselves with our policies and procedures.
There are many ways to support the Lowcountry Mediation Center. You can make a financial donation, help spread awareness of our services, connect us with community partners, or volunteer your time in other ways. Every contribution helps us continue providing accessible mediation services throughout the Lowcountry.
GENERAL
Yes. The Lowcountry Mediation Center is a 501(c)(3) nonprofit organization dedicated to providing affordable, high-quality mediation services and promoting peaceful conflict resolution throughout the Lowcountry. Support from donors, volunteers, and community partners helps us expand access to mediation for those who need it most.
The Lowcountry Mediation Center primarily serves communities throughout the South Carolina Lowcountry. If you’re unsure whether your location falls within our service area, please contact us, and we’ll be happy to assist you.
In many cases, yes. While every situation is different, mediation is often quicker and less expensive than resolving a dispute through the court system. It may also help participants avoid ongoing legal costs and lengthy court proceedings.
If you have any questions about mediation or our services, please contact the Lowcountry Mediation Center by phone, email, or through our contact page. Our team is happy to answer your questions and help you determine the next best step.
Phone: (843)-972-3683
Email: info@lowcountrymediation.org
LMC serves individuals, families, businesses, organizations, and communities throughout the Lowcountry. Whether you’re seeking mediation voluntarily or have been referred by a court, we’re here to help you explore constructive ways to resolve conflict.
Mediation gives you more control over the outcome of your dispute. Rather than having a judge make decisions for you, mediation allows participants to work together to find solutions that meet everyone’s needs. It can also save time, reduce costs, preserve relationships, and avoid the stress of litigation.
That’s okay. Choosing mediation is an important decision, and we’re happy to answer your questions before you decide. Contact our team to discuss your situation, and we’ll help you understand whether mediation is the right fit.
Still have a question?
We’re happy to answer anything not covered here. Reach out by phone, email, or through our contact form.