South Carolina Small Claims Court Mediation

Not every small claims case needs to go to trial. Some resolve through mediation, others through settlement talks after filing, and some need to be postponed or dismissed entirely. South Carolina magistrate court accommodates all of these paths, though the procedures are less formal than you might expect.

Mediation in Magistrate Court

Mediation procedures can depend on local court practice. Ask the Civil Magistrate Clerk whether your case will be referred to mediation or whether a local process applies. If both sides are interested in mediation, ask about local procedures and timing before scheduling it.

Mediation works best when both sides want a resolution but cannot agree on the amount or terms. A neutral mediator helps you negotiate without the adversarial structure of a courtroom hearing. If mediation produces a written settlement agreement, notify the court and confirm how the case will be closed. If it does not, confirm with the clerk whether the existing court date remains in place.

Mediation availability and fees depend on local providers, so verify both before scheduling. The South Carolina Bar Lawyer Referral Service at (803) 799-7100 connects litigants with local attorneys; ask local providers about mediation.

If you reach a settlement before trial — whether through mediation or direct negotiation — ask the Civil Magistrate Clerk how to notify the court and whether to request a dismissal or court-entered order. A private settlement agreement is not itself a court judgment.

How to Get a Continuance

A continuance postpones your trial date. You do not get one automatically — you have to request it from the court, and the magistrate decides whether to grant it.

Common reasons to request a continuance include:

• A key witness is unavailable on the trial date despite reasonable efforts
• You or the defendant have a medical emergency
• You recently received new evidence that requires time to review
• The case involves settlement negotiations that are close to resolving

Tactical delays are a different matter. Requesting a continuance simply to inconvenience the other side or because you are not prepared will likely be denied, particularly if the other party objects.

Contact the Civil Magistrate Clerk as soon as you know you need a continuance and ask how to request one under local procedures. Waiting until the day of trial makes it much harder to get approved.

Dismissing Your Own Case

Before seeking a voluntary dismissal, ask the Civil Magistrate Clerk whether the case's status requires court approval and whether the dismissal will be with or without prejudice. A dismissal without prejudice may allow you to refile the same claim if the statute of limitations has not expired; a dismissal with prejudice ends the claim.

If you have reached a settlement and the defendant has already paid, dismiss the case. If negotiations are ongoing but you are not ready to proceed to trial, you may request a continuance rather than a dismissal — keeping the case on the docket gives you leverage.

If the plaintiff fails to appear at the scheduled trial, the magistrate will dismiss the case for lack of prosecution. Ask whether the dismissal is with or without prejudice before deciding to refile, and check the limitations deadline.

When the Defendant Wants to Settle After Filing

This happens more often than people expect. The act of filing and serving papers often moves a dispute forward after months of silence. If the defendant contacts you to settle after being served:

1. Get the settlement terms in writing before dismissing the case
2. If the defendant agrees to pay a specific amount, ask the clerk whether the court can enter the settlement as an order and what that requires
3. Do not dismiss the case based on a verbal promise to pay. Keep the case open until the money actually arrives, or ask the court how to have the settlement entered as an order

Our South Carolina Small Claims Filing Guide covers the full process from filing through settlement and trial, including a deadline calendar that helps you manage every important date in your case.

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