Will i go to jail if i cant pay for mediation
3 attorney answers
I cannot answer your specific question about what would happen if you showed up and said you were unable to pay for mediation, but I would suggest that you not wait until the "courthouse steps" to address the issue of payment.
In general, many people find mediation is very helpful in helping them reach an agreement everyone can live with. Mediation also enables parties to keep solutions within their own control rather than having a judge impose a decision on them. The Upstate Mediation Center offers reduced fee mediation services. This option may provide you with an affordable alternative to using a court-appointed mediator ( see http://www.upstatemediation.com/our-services.php ). Could the two of you agree to use (and afford) this service?
If you are truly indigent and unable to pay for mediation, you or your attorney will probably want to bring this to the attention of the court, and to the attention of the assigned mediator, prior to the scheduled mediation. Mediators certified by the S.C. Supreme Court do agree to perform pro bono mediations for indigent parties, but I am not certain of the process for having the fee waived or reduced. Your attorney, the mediator assigned to you, or the Family Court Clerk of Court may be able to give more specific guidance.
This is general feedback only, it is not legal advice and does not create an attorney client relationship.
The mediator may refuse to mediate if that's what his/her mediation terms and condition letter provides. Failure to mediate may subject you to contempt of court - but, generally a judge will look for other ways to move the process along without putting someone in jail. Jail could come after continued contempt though.
If this answer was, in any way, helpful - please click a positive feedback below. This is a general discussion about legal questions and not a legal consultation. No attorney/client relationship exists. For a specific answer and advice on your specific legal matter, you should arrange a consultation with a practicing attorney.
Very unlikely. The only way you would go to jail on the spot is if you were held in contempt of court for failing to attend mediation, wre sentenced to a jail sentence that was suspended upon your attending the mediation that is currently scheduled. If you do not have the money, the mediator, will normally not conduct the mediation. Often, in that situation, the mediator declares the matter an impasse and the case is schduled for trial. In the alternative the other party could bring you before the court for contempt for fialing to attend mandatory mediation (I assume you are in a mndatory mediation county). One option if your failure to mediate is brught before the court, is to ask for a pro bono mediatir. Certified mediators are required to be available for a some pro bono mediation. This is a little used service that is available for indengent litigants.
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