MEDIATION DATES


Mediation will begin on November 6-8, 2017. According to the U.S. District Court rule book, mediation may last up to 30 days with another 14 days for preparing a written agreement. However, the court is not strictly adhering to the rule book.

The two sides are: the Episcopal Church and the Episcopal Church in South Carolina on one side and the Diocese of South Carolina on the other. Both sides have agreed that all issues are on the table for negotiation.

Within the month before mediation starts, there is a good chance that the Supreme Court of South Carolina will respond to DSC's three pending petitions for rehearing. I think it is all but certain the court will deny these petitions. What DSC is asking is unheard-of. A response from the court will help greatly to prepare the way for a possible deal between the two sides. IF the court decision of August 2 stands, TEC/TECSC will hold 29 parishes and Camp St. Christopher. It will also be in the superior position in the federal court since the SCSC has explicitly deferred to the fed court to settle the diocesan issue with opinion in favor of TEC/TECSC.

It is a fact that mediation will begin in a few weeks. However, mediation does not require an agreement. If the two sides fail to reach a mutually acceptable deal, the mediation will end and the litigation continues in court.

Going into mediation, the Church side is in the superior position. The DSC side has the least to lose and most to gain from a compromise agreement.