Columbia Supp. L. R. 12.042
The mediator must prepare a written memorandum of any agreement which the parties have reached as a result of mediation. The unsigned, proposed form of the memorandum of agreement must be distributed to the parties and their counsel by the mediator. If the parties choose to sign a memorandum of agreement after having had the opportunity to review with an attorney, the document may then be incorporated into a court judgment or order.
The mediator may notify the court at any time following the initial mediation session involving the parties and the mediator that mediation has been unsuccessful, in which case the proceeding will be scheduled for hearing in the same course and with the same priority as if there had been no mediation. The mediator may determine that the mediation has been unsuccessful if the parties are unable to resolve the custody or parenting time controversy, if one or both parties are unwilling to participate in mediation, or if the mediator determines that either party is using the mediation process in bad faith for the delay of resolution of other issues.
Columbia Supp. L. R. 12.042