All contested cases in the state's probate courts are eligible for mediation. The court may refer cases to mediation or parties may request mediation. Parties may choose their own mediator, or, if the parties have not selected a mediator within 20 days of the mediation referral, the court may appoint a mediator from the list of certified Circuit Court or Family Court mediators maintained by the state bar association. Parties may also ask the court to allow the mediation to be conducted by a community mediation center if the value of the estate is modest. Parties split fees and expenses for the mediation equally. Any party may move to have the court order the reimbursement of those fees from the estate if the mediation process "significantly benefited" the estate. The rules also address the mediation process and confidentiality guidelines. In addition, they specify which of the South Carolina Court-Annexed Alternative Dispute Resolution Rules apply to probate mediation.
South Carolina Rules of Probate Court, Rule 5: Mediation
South Carolina Supreme Court. Apr. 30, 2012https://www.sccourts.org/courtReg/displayRule.cfm?ruleID=5.0&subRuleID=&ruleType=PRO