Alternative Dispute Resolution

ADR Commission and Board
S.C. Court-Annexed ADR Rules
Mediator/Arbitrator 2007 Renewals
Mandatory Medical Malpractice Mediations

ADR Section Information
Probate Courts Participating in the Mediation Pilot Program

 

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, § 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 2007 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 done separately from license renewals. Renewal forms (“recertification applications”) are sent out in November 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 another $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 803-799-6653, ext. 138.
 
Mandatory Medical Malpractice Mediations
The S.C. Non-Economic Awards Act of 2005 bars medical malpractice lawsuits predicated on causes arising after July 1, 2005, unless preceded by a Notice of Intent to File Suit, an expert affidavit and a pre-suit mediation completed within 120 days. See S.C. Code §§ 15-79-120 and -125  for details. The recent ADR rule changes implement those mediation procedures, essentially incorporating the pre-suit mediations into the ADR rules. See Rules 1, 3(a), 3(b)(8), 4(c), 5(f) and 7(f). For filing questions, please contact the Supreme Court's Office of Court Administration at 803-734-1800.