Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2009-04-29-01 (Superseded by Order 2009-12-10-02)

The Supreme Court of South Carolina

RE:  Amendments to the South Carolina Court-Annexed Alternative Dispute Resolution Rules  

 


ORDER


By order dated January 29, 2009 (copy attached), this Court adopted amendments to the South Carolina Court-Annexed Alternative Dispute Resolution Rules and these amendments were submitted to the General Assembly pursuant to Article 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/John H. Waller, Jr.                           J.

s/Costa M. Pleicones                        J.

s/Donald W. Beatty                            J.

s/John W. Kittredge                           J.

Columbia, South Carolina
April 29, 2009


The Supreme Court of South Carolina

RE:    Amendments to the South Carolina Court-Annexed Alternative Dispute Resolution Rules


ORDER


Pursuant to Article V, § 4, of the South Carolina Constitution, the South Carolina Court-Annexed Alternative Dispute Resolution Rules are amended as shown in the attachment to this order.  These 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/John H. Waller, Jr.                           J.

s/Costa M. Pleicones                        J.

s/Donald W. Beatty                            J.

s/John W. Kittredge                           J.

Columbia, South Carolina
January 29, 2009


Amendments to the South Carolina Court-Annexed
 Alternative Dispute Resolution Rules

(1) Rule 1, South Carolina Court-Annexed Alternative Dispute Resolution Rules, is amended to read as follows:

Rule 1
Scope of Rules

These rules shall be construed to secure the just, speedy, inexpensive and collaborative resolution in every action to which they apply.  These rules govern Alternative Dispute Resolution (ADR) processes in the courts of this State as follows:

(a) With the exceptions stated in Rule 3, these rules govern court-annexed ADR processes in South Carolina Circuit Courts in civil suits, and in South Carolina Family Courts in domestic relations actions:

(1) in counties designated by the Supreme Court of South Carolina for mandatory ADR;

(2) as required by statute; or

(3) as ordered by a court of competent jurisdiction.

(b) With the exception of Rules 3, 4, 5, 6, 7(e) and (f), 9(b) and (d), and Rule 10(a), these rules shall govern ADR processes that are neither court mandated nor required by statute in all cases pending in the courts of this State.

(c) These rules shall govern all mediations in Medical Malpractice actions as required by S.C. Code Ann. § 15-79-120 and S.C. Code Ann. § 15-79-125(C).

(2) Rule 15, South Carolina Court-Annexed Alternative Dispute Resolution Rules, is amended by adding the following sentence at the end of the first paragraph of the rule:

Recertification of a neutral who, by virtue of current job restrictions is prohibited from serving under these rules, is allowed if the neutral submits the appropriate recertification paperwork, pays the applicable fee and agrees upon termination of the prohibiting employment to promptly supplement the application to list at least one county for court appointments.