There are many other procedures (or at least two that I know of) that are often utilized in South Carolina rather than having a trial. They are called Alternative Dispute Resolution and Alternate Dispute Resolution Procedures. One is mediation and the other is arbitration. South Carolina is beginning the move toward more collaborative divorce proceedings, but I’m not aware of many attorneys in South Carolina who have fully embraced that yet. So really and truly, the two most favourite means of Alternate Dispute Resolution are arbitration and mediation.
Most of the counties, especially the larger counties in South Carolina, require one to undergo mediation prior to a judge setting aside time on a docket to have a trial. The rationale behind that is we want to make sure that both parties have explored every option in terms of settling this case, rather than being in front of a judge for a judge to decide it.
There are so many reasons for parties to try to resolve things themselves. On the custodial end, if two parents battle it out and blood is shed from the beginning to the end of the divorce process, it certainly does not bode well for any type of co-parenting abilities in the future. Not to mention the tremendous harm it does to the children.
Catherine Hendrix is a partner at the Law Offices of Lester & Hendrix where they are committed to solving divorce and separation issues. Families throughout South Carolina can rely on their team of Attorneys for advice and counsel.