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The traditional method to resolve legal disputes in the area of matrimonial,
domestic relations, or family law matters is contested litigation. While
sometimes necessary, this process is time consuming and expensive. Two
formal alternatives or companions to this process are frequently used
in South Carolina. These alternatives are arbitration and mediation.
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These
South Carolina Fellows of the
American Academy of Matrimonial Lawyers
have been certified as AAML Matrimonial Arbitrators
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Arbitration is a voluntary
process to which the parties agree to submit part or all of their
dispute to decision maker known as an arbitrator. The parties
and the arbitrator control the issues submitted, the manner in
which the arbitration will be conducted, and declare whether
the decision will be binding and final, or non-binding. Normally
the arbitration process is less formal and more expeditious than
a hearing or trial in a courtroom. The American Academy of Matrimonial
Lawyers regularly offers arbitration training to its members,
and many Fellows of the SC Chapter have completed this training
or similar training offered by the SC Bar.
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These South Carolina Fellows
of the
American Academy of Matrimonial Lawyers
have been certified as AAML Matrimonial Mediators
Mediation is a process required in many counties in South
Carolina, and optional in others, which is a formal effort
to aid the parties to find a settlement of their dispute. |
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A third, neutral party, called a Mediator, conducts
one or more conferences to identify the issues and positions
of the parties and to aid the parties in discovering the middle
ground or viable settlement solutions. The Mediator does not
make any decision for the parties. The entire mediation process
is held confidentially, and no part of the process or anything
discussed during it can be used by or against any party if
the efforts are unsuccessful and a trial is held. While anyone
agreeable to the parties may serve as a mediator, many Fellows
have completed extensive training for this purpose. |
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all rights reserved, AAML, South Carolina Chapter,
except where the
copyright is owned by the individual authors. |