Not every dispute requires litigation to reach a successful resolution.
Cassidy Coates Price attorneys regularly advise and represent clients in Alternative Dispute Resolution (ADR) proceedings, including mediation, arbitration, and settlement conferences. ADR can be an effective way to resolve disputes efficiently and confidentially, often saving significant time and expense compared to protracted litigation in state or federal court.
ADR provides parties with an opportunity to discuss the merits of their positions in a more informal setting, without the procedural burdens of full‑scale litigation. For many businesses, ADR allows disputes to be resolved while preserving ongoing commercial relationships and minimizing disruption.
Our attorneys have extensive experience representing clients in the following ADR processes:
- Arbitration – Counsel and parties present their positions to a neutral arbitrator, who issues a binding decision and award.
- Mediation – Parties engage in confidential settlement discussions with the assistance of a neutral third party.
- Settlement Conference – An evaluative form of mediation conducted by a judicial officer, often used shortly before trial.
Many commercial contracts require parties to participate in mediation, arbitration, or both before initiating a lawsuit. Mandatory ADR provisions are particularly common in industries such as construction, finance, healthcare, and securities. In other situations, parties may voluntarily agree to pursue ADR after a dispute arises.
In a typical civil mediation, each side presents a brief overview of its position before the parties separate and meet privately with the mediator. These confidential caucuses allow the mediator to explore settlement options and facilitate resolution without public proceedings.
ADR Frequently Asked Questions
Yes. Under South Carolina Supreme Court rules, mediation is required in all counties before a case may be placed on the active trial docket.
Yes. Mediation is subject to strict confidentiality rules. Statements made during mediation may not be disclosed outside the process, and mediators generally may not be compelled to testify in any subsequent trial, hearing, or proceeding regarding matters discussed during mediation.
A successful mediation depends largely on the selection of a mediator both sides trust to be fair, attentive, and knowledgeable. A skilled mediator listens carefully, helps the parties assess legal and practical risks, and may suggest creative paths toward resolution.
Confidentiality is central to the mediation process. Because discussions cannot be used outside mediation, parties are encouraged to speak candidly and provide the mediator with a realistic understanding of settlement positions and objectives.
If a dispute is not resolved through ADR, the parties typically proceed to litigation in court.
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