Is Mediation Required in South Carolina?

If you're going through a divorce or custody dispute in South Carolina, you're likely hearing a lot about mediation. But is it optional — or required? The short answer is, in many family law cases, mediation is not only encouraged — it’s legally required before you can proceed to trial.

Understanding when mediation is mandatory and how it fits into the legal process can help you avoid delays, reduce stress, and even save money. In this blog, we’ll break down South Carolina’s mediation rules, when they apply, and why working with a skilled mediator can make a major difference in your case.

When Is Mediation Required in South Carolina Family Law Cases?

South Carolina law generally requires mediation in contested family court cases before the court will schedule a final hearing. This includes:

• Divorce (when there are unresolved issues)
• Child custody disputes
• Visitation disagreements
• Division of property or debts
• Alimony or spousal support issues

If both parties can’t come to an agreement on their own, they must attend mediation before going to trial. The goal is to resolve as many issues as possible outside of court, which helps reduce courtroom congestion and leads to more cooperative resolutions.

The South Carolina Supreme Court’s Alternative Dispute Resolution (ADR) Rules make this requirement clear in most judicial circuits. However, there are some exceptions — and understanding those exceptions is crucial.

Are There Exceptions to the Mediation Requirement?

Yes. Mediation is generally required, but certain cases may be exempt. The court can waive the mediation requirement in situations where:

• There’s a history of domestic violence or abuse that makes mediation unsafe
• The case involves emergencies, such as child abuse or abduction
• One party lives out of state and cannot reasonably travel
• Good cause is shown (such as financial hardship or an agreement already reached)

In these instances, the party seeking the waiver must file a formal request and explain their reasoning to the judge. If granted, the court can allow the case to proceed directly to trial without mediation.

If you're unsure whether your case qualifies for an exemption, it's best to consult a local family law attorney. At Sarji Law Firm, we help clients understand how mediation fits into their unique legal situation — and whether a waiver is an option.

What Happens During Divorce Mediation in South Carolina?

Mediation is a structured but informal process where both parties — along with their attorneys — meet with a neutral third party (the mediator) to work toward resolving their disputes. The mediator does not make decisions or force either side to agree. Instead, their role is to facilitate productive discussions and help both parties find common ground.

Typical issues addressed in mediation include:

• Child custody and parenting plans
• Division of marital assets and debts
• Alimony or spousal support terms
• Disputes over the marital home or retirement accounts

Mediation sessions may last several hours or be broken into multiple meetings. Everything discussed is confidential, and nothing said during mediation can be used in court if the case proceeds to trial.

Benefits of Mediation Over Trial

Even though it’s required in many cases, mediation offers several benefits that make it more than just a legal formality:

• Faster resolution: Court schedules are often backed up. Mediation can resolve disputes in a matter of weeks rather than months.
• Lower costs: Trials are expensive. Mediation typically costs far less, especially if agreements are reached early.
• Less conflict: Mediation promotes cooperation, which is especially valuable in custody cases where co-parenting continues after the divorce.
• More control: You and your spouse — not a judge — make the decisions that affect your lives.
• Confidentiality: Unlike public court proceedings, mediation is private.

While not every case can be fully resolved through mediation, many couples are able to settle major issues and significantly narrow the focus of any trial that follows. This can save time, money, and emotional strain.

Is Mediation Still Helpful If We Don’t Agree on Anything?

Yes. It’s common for spouses to enter mediation with very different views — especially during a contentious divorce or custody battle. Even if full agreement isn’t possible, mediation often leads to compromise on at least some issues.

And even limited progress is valuable. Settling just one or two major issues in mediation can reduce court time and help both parties feel more in control of the outcome.

At Sarji Law Firm, our attorneys not only represent clients during mediation — we also offer mediation services as neutral third parties. Whether you're seeking representation or a professional mediator, we can help make the process more focused, respectful, and productive.

What If My Spouse Refuses to Mediate?

In South Carolina, refusal to participate in court-ordered mediation can have serious consequences. The court may:

• Impose sanctions or fines
• Delay trial scheduling
• Dismiss claims or defenses

In most cases, both parties are expected to attend mediation in good faith. If one party refuses, the court will want to know why — and may compel participation or penalize the uncooperative party.

Need Help With Divorce or Mediation in South Carolina?

Whether you're preparing for divorce, dealing with a difficult custody situation, or have questions about mediation requirements, the team at Sarji Law Firm is here to help. We provide experienced legal guidance and offer professional mediation services to clients throughout Charleston and surrounding areas.

If you're not sure how mediation applies to your case — or need help navigating your divorce — contact us today. We'll help you understand your rights, protect your interests, and work toward a resolution that puts your future on solid ground.