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Clerk of Court
Alternative Dispute Resolution
Definitions
Arbitration

A process of dispute resolution in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties have an opportunity to be heard. The results can be binding or non-binding.

Arbitrator

A neutral person either chosen by the parties to a dispute or appointed by a court, to hear the parties claims and renders a decision.

Mediation

Mediation is an informal process in which a mediator facilitates settlement discussions between parties. Any settlement is voluntary. In the absence of settlement, the parties lose none of their rights to trial by judge or jury.

Mediator

A neutral person who acts to encourage and facilitate the resolution of a pending civil action. The mediator has no authority to make a decision or impose a settlement.

Roster of Certified Arbitrators

The court in each county shall maintain a roster of arbitrators and mediators. Attorneys who wish to be placed on the list of mediators should contact Joan S. Brown, Public Services Counsel for ADR, 803.799.6653, ext. 138, 803.799.5290 fax, or e-mail jbrown@scbar.org for information.



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