Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In South Carolina, mediation is a common alternative dispute resolution process used to resolve civil lawsuits. The state encourages mediation as a way to settle disputes outside of court, and in many cases, courts will order parties to engage in mediation before proceeding to trial. During mediation, a neutral third-party mediator assists the parties and their attorneys in negotiating a settlement. Participation in mediation does not guarantee a resolution, and parties are not obligated to reach a settlement. If the parties cannot resolve their differences through mediation, the case will continue to trial where a judge or jury will make a final decision. Importantly, under South Carolina law, communications during mediation are generally confidential and are not admissible as evidence in court if the case goes to trial. This confidentiality is designed to encourage open and honest dialogue during the mediation process.