Arbitration Lawyer South Carolina
If you’re facing a contract dispute, business disagreement, or consumer claim, you may be required to resolve your issue through arbitration. Arbitration is a private process where a neutral third party (the arbitrator) decides the outcome, rather than a judge or jury in court. In South Carolina, many contracts—including employment, construction, or service agreements—contain arbitration clauses that make arbitration mandatory.
What Is Arbitration and When Is It Used?
Arbitration is an alternative to traditional litigation. Instead of going to court, parties present their case to an arbitrator or panel, who reviews documents, hears testimony, and issues a binding or non-binding decision. The process is often quicker and more private than court, but it comes with its own set of rules, deadlines, and required submissions.
If your contract includes an arbitration agreement, you may be required to arbitrate—even if you’d prefer to go to court. Our attorneys review your contract, explain your options, and help determine whether arbitration is mandatory in your case.
Arbitration vs. Mediation vs. Court
We explain the pros, cons, and practical differences, so you know exactly what to expect in your dispute.
Arbitration
Private, usually binding, structured like a simplified court trial. The arbitrator makes a decision after hearing both sides.
Mediation
A non-binding process where a neutral mediator helps the parties negotiate a settlement. The mediator does not decide the case.
Court
Formal litigation with a judge or jury, open records, and public process. Longer timelines and more complex rules.
What Does the Arbitration Process Look Like?
The arbitration process typically follows these steps:
- Initiation and agreement to arbitrate (often dictated by contract)
- Selection of arbitrator(s)
- Exchange of documents and evidence
- Submission of written statements and exhibits
- Hearing, where both sides present their case
- Decision (award) issued by the arbitrator
Deadlines, evidence rules, and procedures can differ from court, so careful preparation is key. We organize your documentation, handle submissions, and advocate for you throughout the process.
Frequently Asked Questions
Is arbitration binding in South Carolina?
Most arbitration decisions are binding, especially if the contract says so. This means the outcome is final, with only limited grounds for court review.
What’s the difference between arbitration and mediation?
Arbitration results in a decision by the arbitrator; mediation is focused on helping parties reach their own agreement.
Can I avoid arbitration if I signed a contract?
Usually, if your contract requires arbitration, courts will enforce that requirement. We review your contract and help you understand if exceptions or defenses apply.