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7 Resolved: J. Alternative Disp. Resol. 86 (2018-2019)
Relieving a Congested System: Adopting Mandatory Mediation Statutes in South Carolina Probate Court

handle is hein.journals/resolvjo7 and id is 178 raw text is: RELIEVING A CONGESTED SYSTEM: ADOPTING MANDATORY MEDIATION STATUTES IN SOUTH CAROLINA PROBATE COURT David Miller Jr. I. Introduction Required mandatory mediation with an increased heightened standard for mediators specifically designed for the South Carolina Probate Court will increase the likelihood of settlement in pending cases which, in turn, would prevent the continuing rise in caseloads resulting in the Probate Court's ability to operate more efficiently. If shown the appropriate amount of attention, the South Carolina Judicial System through the analysis of similar jurisdictions can help create a more applicable set of statutory regulations governing the mediation requirements pursuant to the Probate Court arena. With the passage of time, inevitable population growth, and the impact of unavoidable demographic trends a significant increase in caseloads in the Probate Court of South Carolina has occurred over the last ten years creating a congested system. It is not uncommon, through the course of a probate attorney's career, to come across a situation that resembles the following: Upon the recent death of their father, three close family members discover a poorly written will devising their father's multimillion-dollar estate. Their father was a hard-working man who intended to leave each child an equal amount when he passed away but did not have a correctly written will to mirror his intentions. The family was close, but the recent travesty made it hard for everyone involved. Knowing that their father's inheritance may not be distributed correctly brought a stressful and emotional chapter to their lives. The oldest member of the family, upon being named the executor in accordance with the poorly written will, devised the estate in a way that did not reflect the father's intentions. Due to the significant amount of stress and sensitivity of the situation, the other two children hire an RESOLVED: JOURNAL OF ALTERNATIVE DISPUTE RESOLUTION VOLUME VII, ISSUE 2 86