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South Carolina
JUDICIAL DEPARTMENT
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2008-05-01-03

The Supreme Court of South Carolina

RE:  Amendment to Court-Annexed Alternative Dispute Resolution Rules


ORDER


By order dated January 31, 2008 (copy attached), this Court adopted an amendment to the South Carolina Court-Annexed Alternative Dispute Resolution Rules and this amendment was 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, this amendment is effective immediately. 

 IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/James E. Moore                             J.

s/John H. Waller, Jr.                           J.

s/Costa M. Pleicones                        J.

s/Donald W. Beatty                            J.

Columbia, South Carolina
May 1, 2008


The Supreme Court of South Carolina

In re: Amendments to Court-Annexed Alternative Dispute Resolution Rules


ORDER


Pursuant to Article V, § 4 of the South Carolina Constitution, Rule 8(a) of the South Carolina Court-Annexed Alternative Dispute Resolution Rules is hereby amended as provided in the attachment to this order.  This amendment shall be submitted to the General Assembly as provided by Art. 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/Costa M. Pleicones                        J.

s/Donald W. Beatty                            J.

Columbia, South Carolina
January 31, 2008


Rule 8
Confidentiality

(a) Confidentiality.  Communications during a mediation settlement conference shall be confidential.  Additionally, the parties, their attorneys and any other person present must execute an Agreement to Mediate that protects the confidentiality of the process.  To that end, the parties and any other person present shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial or other proceeding, any oral or written communications having occurred in a mediation proceeding, including, but not limited to:

(1) Views expressed or suggestions made by another party or any other person present with respect to a possible settlement of the dispute;

(2) Admissions made in the course of the mediation proceeding by another party or any other person present;

(3) Proposals made or views expressed by the mediator;

(4) The fact that another party had or had not indicated willingness to accept a proposal for settlement made by the mediator; or

(5) All records, reports or other documents created solely for use in the mediation.

.     .     .     .