South Carolina Family Court Backlog Encourages Parties to Use Mediation and Negotiation

There are many benefits to resolving divorce terms and other family law issues outside of the courtroom. Litigation is a public process that increases legal costs and often heightens tensions between the parties. This can be particularly troublesome when the individuals are co-parents and will have to communicate and cooperate in the future on matters relating to their children. Another drawback of litigation is that it makes the legal process much longer when both sides are looking to move on.

In South Carolina, delays have become so long that Chief Justice John Kittredge of the state’s Supreme Court is seeking funds to appoint additional Family Court judges to help address the growing backlog. When divorces, custody hearings and proceedings related to alleged abuse or neglect linger, the legal process becomes more frustrating and expensive. Sometimes, one or more individuals might be in danger while waiting for a court date.   

While emergency motions can sometimes be expedited, an overwhelmed court system makes it more difficult to handle urgent matters promptly. Spouses, relationship partners and children might remain in unsafe environments while waiting for a judge’s ruling.

With South Carolina’s Family Court struggling under the weight of a backlog, mediation and negotiation have become more appealing options for resolving disputes efficiently. Instead of waiting for a court date that could be months away, parents can work with attorneys or trained mediators to reach agreements on living arrangements, financial terms and parenting plans. 

Mediation and negotiation are often less adversarial than litigation, reducing conflict for both parents and children. Instead of putting vital decisions in the hands of a judge, both parties must accept the resolution, giving them more motivation to abide by the order that is entered. Also, the cost saved by avoiding litigation makes it easier for both sides to move forward rather than dwelling on old conflicts. 

While settlement is not always possible—particularly in cases involving domestic violence or uncooperative parties—it can be a useful tool for many South Carolina residents dealing with the Family Court system.

McManaway Law, LLC in Greenville works to resolve divorces and other family law matters through negotiation and mediation whenever possible. To schedule a consultation with an experienced Upstate South Carolina attorney, please call 864-428-8912 or contact me online.