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Alternative Dispute Resolution

Recent Amendments to the ADR Rules

ADR Commission and Board

S.C. Court-Annexed ADR Rules

ADR Regulations

Mediator/Arbitrator Renewals

Dispute Resolution Section Information

Administrative Order and Procedures for Mediation in the Probate Court

Probate Courts Participating in the Mediation Pilot Program

Counties Designated for Mandatory ADR


 

Recent Amendments to the ADR Rules

1. Rule 4(a)(2) requires mediators who are not certified to disclose the lack of certification and obtain written consent from all parties to the ADR Conference on a form approved by the Supreme Court or its designee.

The full Rule 4(a)(2) may be viewed here.

Forms SCADR108c and SCADR108f may be viewed here.

2. Rule 4(d) provides that “If there are unresolved issues of custody or visitation, the court may in its discretion order an early mediation of those issues upon motion of a party or upon the court's own motion.”

The full Rule 4(d) may be viewed here.

3. Rule 9 addresses the cost to indigent litigants of mediator travel expenses.

ADR Commission and Board
The South Carolina Bar houses the Supreme Court's Commission on Alternative Dispute Resolution (ADR) and related Board of Arbitrator and Mediator Certification, which aid the Court with all aspects of South Carolina court-annexed ADR, including:

* Issuing and renewing circuit and family court mediator and arbitrator certificates;

* Maintaining and distributing the official roster of active certified mediators and arbitrators; and

* Promoting educational opportunities for users of court ADR programs, including monitoring and approving mediator and arbitrator training.

S.C. Court-Annexed ADR Rules
By order of January 31, the Court adopted an amendment to the S.C. Court-Annexed ADR Rules. The amendment was submitted to the General Assembly pursuant to Art. V, Section 4A, of the S.C. Constitution. Since 90 days have passed since submission without rejection by the General Assembly, these amendments are effective immediately.

View the full text of the order.

Mediator/Arbitrator Renewals
Mediators and arbitrators certified by the Supreme Court's Board of Arbitrator and Mediator Certification must renew or "recertify" by December 31 of each year. (Exception: Persons certified on or after October 1 of that same year.) Renewals are processed separately from license renewals. Renewal forms ("recertification applications") are sent out in October of each year, due back by December 31 to avoid a late fee and by January 15 to avoid removal from the roster. These forms are mailed to all active neutrals at the addresses reflected in the current official roster under "Find Certified Mediators and Arbitrators." When you receive a notice, you should sign the form confirming your continued eligibility, verify your contact information and return the form to the Board, c/o of the Bar, with a check made payable to the South Carolina Bar for $50 per certificate. Include an additional $50 per certificate if postmarked after December 31. If you have questions, or if you are a mediator or arbitrator who did not receive a notice by early December, please contact Joan Brown at jbrown@scbar.org or 803-576-3794.