GLOSSARY

Alternative Dispute Resolution. An umbrella term for methods of resolving disputes outside of traditional court litigation. Mediation, arbitration, and collaborative law are all forms of ADR.

The written document recording the terms both parties have agreed to. Can be made legally binding if both parties sign it as a contract.

A different form of dispute resolution where a neutral arbitrator hears both sides and makes a binding decision — similar to a judge. Unlike mediation, arbitration removes control of the outcome from the parties.

A neutral third party who presides over an arbitration and issues a binding decision. Unlike a mediator, an arbitrator acts more like a private judge — they hear arguments from both sides and determine the outcome themselves.

A private, confidential meeting between the mediator and one party, separate from the other. This is the primary method used for Family Court mediations in SC.

Everything discussed in mediation is private and cannot be used in court proceedings. This allows people to speak openly without fear that their words will be used against them.

The party in a legal proceeding that is responding to a claim filed by another party.

A person appointed by the court to represent the best interests of a child in a legal proceeding. May be involved in family court mediation cases involving custody.

A point where parties cannot reach agreement and progress has stalled. An impasse does not mean mediation has failed — a break or caucus can often move things forward.

A legal term for a person who qualifies as low-income under court standards. Parties designated as indigent by a judge may be ordered to use LMC for mediation at reduced or no cost.

A meeting where all parties and the mediator are present at the same time. Joint session is almost never used (even in the starting phase) of Family Court mediations in SC.

The process of resolving a dispute through the court system. Typically more formal, more expensive, slower, and more adversarial than mediation. The outcome is decided by a judge or jury.

A voluntary, confidential process in which a neutral third party helps two or more parties communicate, negotiate, and reach a mutually acceptable agreement. The mediator does not decide the outcome — the parties do.

A trained, neutral professional who facilitates the session. The mediator does not represent either party, offer legal advice, or make decisions. The mediator’s role is to guide the conversation.

The party that initiates a case by filing a petition or complaint.

The court-supervised legal process of validating a will, paying final debts, and distributing remaining assets.

Latin for ‘for the public good.’ Services provided free of charge to individuals who cannot afford to pay. LMC offers pro bono mediation to qualifying low-income clients.

A Latin term meaning ‘for oneself.’ Someone who represents themselves in a legal proceeding without an attorney is said to be appearing pro se.

A fee structure where the amount charged is determined by household income and assets/debt.