Definitions | Clerk of Court

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.