Greenville County
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Clerk of Court
Alternative Dispute Resolution
Other Questions - Mediation
Do the mediation conferences have to be held in Greenville?

Yes, unless the parties and mediator agree otherwise.

Does mediation delay motions and discovery?


Why do the parties and a representative of an insurance carrier have to physically attend the settlement conference?

Mediation is simply an extension of negotiation and in order to have successful negotiation you should have the parties and insurance representatives at the table. If, however, one of the parties or insurance representatives cannot physically attend the mediation for whatever reason, you should contact the mediator and counsel for all other parties to reach a resolution; one example is requiring that person to attend the mediation conference by speaker phone.

What does "full authority to settle the claim" mean with respect to the insurance representative?

That means they have to have no preset limitations on their authority to settle the case other than the policy limits or plaintiff’'s last demand, whichever is lower. If they don’t you need to inform the mediator and counsel for the other parties to see if some other agreeable arrangement can be made.

If an agreement is reached during the mediation does it have to be reduced to writing?

Yes, any agreement must be reduced to writing and signed by the parties along with their attorneys. If a more formal agreement is anticipated that agreement should be prepared within 10 days from the date of the mediated conference and a copy forwarded to the mediator and appropriate dismissal papers filed with the Court.

What is the basis for sanctions in mediation?

The Court may impose sanctions if a person fails to attend a mediated settlement conference without good cause. Sanctions may also be imposed for failing to participate in ADR before the 300th day as required by the Standing Order.

How are the mediators compensated?

When the mediators are agreed upon by the parties, compensation will be paid at the agreed upon rate. If the mediator is appointed through the Order for ADR , they are limited to a rate of $175.00 per hour and can charge no greater than one hour of time in preparing for the initial mediation conference and shall not be allowed to charge for travel time.

When is compensation due to the mediator?

Unless otherwise agreed to by the parties the fees for the mediation settlement conference shall be paid in equal share per party and are due upon conclusion of the mediation conference. Please also note that an indigent is not required to pay a mediator’'s fee; however, the question of indigency is determined after the mediation is concluded. In other words, if an indigent receives monies through mediation, they will most likely be required to pay their portion of the mediator's fee.