Mediation/Alternative Dispute Resolution

Mediation/Alternative Dispute Resolution

April 30th, 2026

Supreme Court extends deadline to file post-trial motions

On April 30, 2026, rule changes proposed by the South Carolina Supreme Court went into effect. These rule changes extend the deadline to file post-trial motions under numerous South Carolina Rules of Civil Procedure from ten days after receiving written notice of the entry of the judgment to twenty days. For family court attorneys, the relevant rule […]

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Mediation/Alternative Dispute Resolution

December 6th, 2024

No more unilateral remote mediations

A December 6, 2024 Supreme Court order rescinds a March 19, 2021 Supreme Court order that authorized remote mediations during the COVID-19 pandemic. That 2021 order generally gave a litigant or attorney the right to attend mediation remotely. Rule 5(h), SCRADR allows for online remote mediation but requires consent of all parties or permission of […]

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Mediation/Alternative Dispute Resolution

July 19th, 2023

The best family court mediators do not have 100% settlement rates

The best family court mediators do not have 100% settlement rates. While I prefer a strong mediator—one who is willing to challenge the strengths and note the weaknesses of each party’s position—I also prefer a mediator who is willing to tell my client when he or she should reject the other party’s best offer and […]

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Mediation/Alternative Dispute Resolution

November 17th, 2022

Why I’m sticking with remote mediations

Early in the COVID era, the South Carolina Supreme Court authorized mediations using video conferencing. Despite the return of relative normalcy to the operation of the court system, one has been able to conduct remote mediations ever since.  A September 21, 2021, Supreme Court order permanently authorizes mediations to be conducted via Remote Communication Technology […]

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Mediation/Alternative Dispute Resolution

May 17th, 2022

The pitfalls of mandatory pre-litigation mediation provisions

I increasingly see provisions in custody or support agreements that require mandatory mediation before either party can file a mediation case. Sometimes these agreements are silent on the mediator. Sometimes they have required mediators, and often these required mediators are the most popular ones. Always they are a well meaning but counterproductive roadblock to actual […]

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Mediation/Alternative Dispute Resolution

September 10th, 2021

Surprising few, Supreme Court holds that child issues cannot be arbitrated

In Fall 2019, the South Carolina Court of Appeals issued two separate opinions holding that child issues could not be arbitrated: Kosciusko v. Parham, 428 S.C. 481, 836 S.E.2d 362 (Ct. App. 2019); Singh v. Singh, 429 S.C. 10, 837 S.E.2d 651 (Ct.App. 2019). When the Supreme Court accepted certiorari in Singh, I was curious as […]

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