If you’ve been injured in South Carolina and are pursuing a legal claim, you’ll likely hear about mediation early in the process. Mediation is a structured form of negotiation that aims to resolve disputes before a trial becomes necessary. In many cases, this process benefits both parties and can lead to a better outcome. As a Mount Pleasant personal injury attorney, Attorney Matthew Breen is here to help you understand what mediation involves, why it matters, and how it can benefit you.
Mediation: A Mandatory Step in South Carolina
Every county in South Carolina requires mediation or another form of Alternative Dispute Resolution (ADR) before a personal injury case can advance to trial. Only a few case types are exempt, such as certain appeals, post-conviction matters, or cases where mediation has already occurred, though exemptions can vary from county to county. Even medical malpractice claims have their own mediation requirements under state law.
This rule ensures both sides make a good-faith effort to resolve disputes outside of court. However, participation doesn’t mean you’re required to settle. The process is about exploring options, not forcing agreement.
Personal Injury Attorney Explains the Mediation Process
Mediation is an organized process designed to promote open communication. It usually unfolds in these stages:
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Mediator selection
Both sides agree on a neutral third party, typically a retired judge or seasoned attorney. If the parties can’t agree, the court appoints one. -
Preparation and case summaries
Each side may submit a short written summary outlining their arguments, evidence, and goals. -
Opening statements
The mediation session begins with each party describing their position and desired outcome. -
Private and joint sessions
The mediator meets with both sides together, then separately, to discuss strengths, weaknesses, and potential settlement figures. -
Negotiation and mediator proposals
The mediator may offer non-binding suggestions or creative settlement ideas, such as payment plans or structured compensation. -
Resolution or Moving to Trial
If both parties agree on terms, the settlement is written and signed. If both parties cannot agree, then the case proceeds to trial.
Everything discussed during mediation remains confidential and cannot be used later in court. This allows both sides to negotiate freely and honestly.
Why Mediation Is Often the Smarter Option
While mediation is required, most South Carolina personal injury lawyers view it as a practical and strategic tool because:
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It’s faster and less expensive: Mediation avoids lengthy court schedules, reducing overall legal costs.
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It’s private: Since discussions during mediation are confidential, your personal details stay out of public records.
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It’s flexible: You can negotiate creative solutions such as installment payments, coverage for future medical care, or other custom arrangements.
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You stay in control: No settlement is final unless you agree to it. The mediator cannot impose terms.
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It often leads to better results: Many cases settle for higher amounts in mediation than through initial insurance offers or court judgments after expenses.
These advantages make mediation an appealing alternative to trial. With the right preparation, realistic expectations, and a willingness to negotiate, many cases reach resolution without ever entering a courtroom. Still, not every mediation ends in agreement, and when it doesn’t, the process often lays the groundwork for a stronger case.
When Mediation Doesn’t Result in Settlement
When the parties cannot reach common ground, the case simply continues along the normal litigation path. Further information is collected, motions are filed, and the matter proceeds toward trial. Importantly, failing to settle does not affect your right to have your case heard before a judge or jury.
Even if mediation ends without resolution, the process often clarifies what each side considers significant. This exposes weaknesses in the opposing position and refines the overall strategy moving forward.
By approaching mediation seriously and viewing it as both a negotiation and a fact-finding opportunity, you strengthen your position in your personal injury claim.
Take the Next Step Toward Resolution With a Personal Injury Attorney
If you’d like to learn more about how mediation could help you achieve the resolution you deserve, schedule a free consultation with Attorney Matthew Breen today. As an experienced Mount Pleasant personal injury attorney, he’ll guide you through the mediation process and help you make informed decisions about your case.
