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South Carolina
JUDICIAL DEPARTMENT
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2007-05-03-03

The Supreme Court of South Carolina

RE:  Amendments to the South Carolina Court-Annexed ADR Rules


ORDER


By order dated January 31, 2007 (copy attached), this Court adopted amendments to the South Carolina Court-Annexed ADR Rules and these amendments were submitted to the General Assembly pursuant to Art. V, § 4A, of the South Carolina Constitution.  Since ninety days have passed since submission without rejection by the General Assembly, these amendments are effective immediately.  

 IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/James E. Moore                             J.

s/John H. Waller, Jr.                           J.

s/E.C. Burnett, III                                 J.

s/Costa M. Pleicones                        J.

Columbia, South Carolina
May 3, 2007

The Supreme Court of South Carolina

RE: Amendments to the South Carolina Court-Annexed ADR Rules


ORDER


Pursuant to Article V, §4 of the South Carolina Constitution, the attached amendments are made to the South Carolina Court-Annexed ADR Rules.  These rule amendments shall be submitted to the General Assembly as provided by Article V, § 4A of the South Carolina Constitution.

IT IS SO ORDERED.

s/Jean H. Toal                                      C.J.

s/James E. Moore                                   J.

s/John H. Waller, Jr.                                 J.

s/E. C. Burnett, III                                      J.

s/Costa M. Pleicones                              J.

Columbia, South Carolina
January 31, 2007

AMENDMENTS TO THE SOUTH CAROLINA
COURT-ANNEXED ADR RULES

1. Rule 3(b) of the South Carolina Court-Annexed ADR Rules is amended by deleting the word “and” at the end of subsection (7), renumbering subsection (8) as subsection (9) and adding the following:

(8) family court cases initiated by the South Carolina Department of Social Services; and

2. The phrase “conflict of interest” is substituted for the word “conflict” in the third and fourth sentences of Rule 4(c) of the South Carolina Court-Annexed ADR Rules.

3. The phrase “conflict of interest” is substituted for the word “conflict” in the first and second sentence of 4(d)(3) of the South Carolina Court-Annexed ADR Rules.

4. Rule 5(e) of the South Carolina Court-Annexed ADR Rules is amended to read:

(e)  Motion to Defer or Exempt from ADR.  A party may file a motion to defer an ADR conference or exempt a case from ADR for case specific reasons.  For good cause, the Chief Judge for Administrative Purposes of the circuit may grant the motion.  For example, it may be appropriate to defer an ADR conference or completely exempt a case from the requirement of ADR where a party is unable to participate due to incarceration or mental or physical condition.

5. The second paragraph of Rule 7(f) of the South Carolina Court-Annexed ADR Rules is amended to read:

In pre-suit medical malpractice mediations required by S.C. Code § 15-79-125, the Clerk of Court shall serve notice of entry of the Proof of ADR by first class mail upon all attorneys and unrepresented parties.  The 60-day period in which to file a summons and complaint in accordance with S.C. Code § 15-79-125 (E)(1) shall commence upon receipt of written notice of entry of the Proof of ADR from the Clerk of Court.

6. Rule 17(e) of the South Carolina Court-Annexed ADR Rules is amended to read:

(e)  Processing complaints of misconduct by neutrals.  Persons alleging that a neutral has engaged in misconduct may file a complaint with the Board of Arbitrator and Mediator Certification.  Misconduct includes any conduct or other circumstances that would warrant decertification or discipline under Rule 17(c) or (d). Complaints of misconduct shall be investigated by the Board and, upon a finding of probable cause, forwarded to the Commission on Alternate Dispute Resolution for a hearing before a Hearing Panel consisting of three (3) members of the Commission.  Subject to the requirements of Rule 422(d), SCACR, the Commission shall promulgate regulations governing the processing of these complaints.