General Knowledge

One of the biggest barriers to resolution a mediator will confront is lawyers who are have not prepared their case for mediation. Not to long ago I was mediating a case for two excellent family law lawyers, Mandy Kimmons and Emily Neal.  They had a big case involving just about every family law...

I have been a trial lawyer for over 30 years, however I am a relatively new mediator. I am finding that many attorneys are not fully prepared for mediation and seem to expect me to fill in the missing pieces and find a settlement for them. Well, I may be good, but I can’t work […]...

Proper preparation for mediation is critical for family law lawyers. Did you know a significant minority of lawyers fail to properly prepare, or prepare at all, for a domestic relations mediation? Did you know a significant minority of lawyers don’t use any software like Settlyd or Traxler to ...

In February 2021 Governor Henry McMaster signed a restrictive anti abortion law forbidding abortions once a “heartbeat” can be discerned in a fetus.  McMaster said this law is in accord with South Carolina values which value all beating hearts.  Later, in the same legislative s...

Sometimes an early mediation in a domestic relations matter is helpful to reach a quick and peaceful resolution, but not all cases are suited for it. I recently mediated two custody cases, both of which were on an upcoming docket for a Temporary Hearing, and one came to a complete resolution of all ...

Some family law lawyers do not take financial affidavits seriously and simply hand up to the Court whatever the client has filled out on the State form (by hand), and sworn to, without really reviewing it.  Not only is this a dereliction of our duty to our client, it could set them up for major [&h...

No two family law cases are alike and a “one type fits all” attitude regarding choosing a mediator may not lead to the best result. Some mediators take a very practical, no-nonsense approach to resolving a domestic relations dispute.  They will work quickly and efficiently to get to...

Often support negotiations are some of the most difficult negotiations in a domestic relations case.  While child support is a simple algebraic formula, alimony is an entirely different matter. The alimony statute lists 13 factors that all must be considered, none of which involve an algebraic form...