The South Carolina Bar’s Dispute Resolution Section (formerly known as the Alternative Dispute Resolution Section) began as a committee and gained Section status in 1994. It currently has more than 300 members. The leaders and members of the Section have played an integral part in the development, promotion and implementation of Dispute Resolution in South Carolina.
The purpose of the Section is to promote the goals and objectives of the South Carolina Bar in the field of Dispute Resolution. Objectives include educating the bench, the bar and the public to the benefits of Dispute Resolution; encouraging and promoting the use of Dispute Resolution within and without the court system; promoting the adoption of neutral standards; promoting neutral training; and seeking uniformity in legislation concerning Dispute Resolution applications, where appropriate.
Current projects include: increasing awareness of Dispute Resolution through public forums and business seminars; creating consultation task force committees to work with counties that do not have Dispute Resolution pilot programs; developing an electronic mailing list for the Section; and promoting media exposure to Dispute Resolution efforts.
All members of the Dispute Resolution Section are eligible to join the Dispute Resolution listserv, which provides easy electronic communication with fellow members on Dispute Resolution news, events and topics of interest to the Section. If you are having problems or have questions, contact Cindy Coker at email@example.com.
Recent Amendments to the ADR Rules
- Rule 2(l) adds a definition of online dispute resolution, the use of remote communications technology, and 2(m) adds a definition of signing to include physical or electronic signature. The full text of the Rule 2 may be viewed here.
- Rule 5 (h) allows for the use of online dispute resolution by agreement of all parties or by order or approval of the court. The rule also provides that the neutral shall control the use of ODR. The full text of ADR Rule 5 can be viewed here.
- Rule 9(b) clarifies that appointment means appointment by the clerk under the operation of the ADR Rules and raises the hourly rate to $200. Mileage and preparation time allowances remain the same. Rule 9(d) changes the requirement for the request to waive payment of neutral fees from 10 days after the mediation conference to prior to and changes the process from a motion to an application. This section also provides that a party who has been granted in forma pauperis status is not required to pay neutral fees or make another application to have them waived. The full text of the ADR Rule 9 can be viewed here.
- ADR Rule 20 was changed to include a requirement for training in online dispute resolution (remote communications technology) for a course to be approved for certification purposes. ADR Rule 20 can be viewed here.
- Appendix A - Arbitrator Ethics - Canon 1 (B) A person who offers herself or himself as available to serve as an arbitrator gives parties and the public the expectation that she or he has the competency to arbitrate effectively, including conducting Online Dispute Resolution. In court-connected or other forms of mandated arbitration, it is essential that arbitrators assigned to the parties have the requisite training and experience. Appendix A may be viewed here.
- Appendix B Mediator Ethics - IV - Competence - Any person may be selected as a mediator, provided that the parties are satisfied with the mediator's qualifications. Training and experience in mediation, however, are often necessary for effective mediation. A person who offers herself or himself as available to serve as a mediator gives parties and the public the expectation that she or he has the competency to mediate effectively, including conducting Online Dispute Resolution. In court-connected or other forms of mandated mediation, it is essential that mediators assigned to the parties have the requisite training and experience. The full text of Appendix B may be viewed here.
Roster of Certified Neutrals
S.C. Court-Annexed ADR Rules
South Carolina Commission on ADR and the Board of Arbitrator and Mediator Certification