Jimmy King has the distinction of serving as a certified civil mediator and arbitrator in the state of South Carolina. In this capacity, he has assisted other lawyers and their clients in resolving hundreds of cases.
Mediation of civil litigation and workers’ compensation cases has proven to be very efficient and effective in eliminating some of the backlog plaguing our court system. It is an excellent way to resolve disputes and allow matters to be concluded without costly and protracted litigation. Our mediation practice is available state wide and our Anderson office location is convenient for attorneys in the upstate of South Carolina.
Answering Your Mediation and Arbitration FAQ’s
Mediation is used to settle disputes. When two parties are unable to settle a dispute, they will often use mediation in order to reach an agreement. When two parties agree to use mediation, a neutral third party will work with the two parties in dispute in order develop a settlement agreement. The neutral third party is known as the “Mediator”.
A mediator is a neutral third party who is selected by parties in dispute to help settle a dispute. Both parties mutually select the mediator. A mediator does not need to be a lawyer; however, they are often very knowledgeable in the field in which the parties are claiming a dispute.
Once parties in dispute agree on mediation, they select a mediator. The mediator will then conduct a mediation session. During the mediation, both parties may be brought together in order to work on an agreement or a mediator may use shuttle diplomacy. Shuttle diplomacy is a technique used by a mediator where he/she goes back and forth between parties with proposals in order to reach an agreement. If an agreement is made, the parties will sign a settlement agreement.
As a result of mediation the parties may decide to resolve their dispute. The terms of agreement are listed in a settlement agreement and the written agreement is signed by the parties in dispute.
Litigation is the process of going to court in order to solve a dispute. Going to court is usually very costly and time consuming process. The longer a dispute lasts, the more the parties pay in legal fees. Also, because litigation is heard by a judge, and or jury, it is usually considered a public matter and is open to the public. The judge and/or jury make the decision that resolves the dispute.
Arbitration utilizes a neutral third party to hear a dispute between parties. The hearing is informal and the parties mutually select the arbitrator. The arbitrator is retained to decide how to settle the dispute and the decision is final and most often binding on the parties. Arbitration is more cost efficient and quicker than litigation but it is the arbitrator, not the parties, a jury, or a judge who determines the outcome. The arbitrator’s decision may or may not be appealable.
Mediation is a much quicker process than litigation or arbitration. The parties also have more control over the final resolution. The parties mutually select the mediator and the mediator helps the parties resolve the dispute in a cost efficient manner.
Please call Jimmy King and the KING LAW FIRM, PC at 864-225-9155 or Toll-Free at 1-888-827-9155 to schedule a mediation or arbitration.
