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Rule 19
Certification of Court-Appointed Neutrals

The Board of Arbitrator and Mediator Certification ("Board") shall receive and approve applications for certifications of persons to be appointed as mediators or arbitrators. The application shall be on a form approved by the Supreme Court or the Board.  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.

(a)  Circuit Court Certification. For circuit court certification, a person must:

(1)  Either:

(A)  Be admitted to practice law in this State for at least three (3) years and be a member in good standing of the South Carolina Bar; or

(B)  Be admitted to practice law in the highest court of another state or the District of Columbia for at least three (3) years and:

(i)  Be at least 21 years old;

(ii)  Have received a juris doctorate degree or its equivalent from a law school approved by the American Bar Association;

(iii) Be a member in good standing in each jurisdiction where he or she is admitted to practice law; and

(iv) Agree to be subject to the Rules of Professional Conduct, Rule 407, SCACR, and the Rule on Disciplinary Procedure, Rule 413, SCACR, to the same extent as an active member of the South Carolina Bar.

(2)  Be of good moral character;

(3)  Have not, within the last five (5) years, been:

(A)  Disbarred or suspended from the practice of law;

(B)  Denied admission to a bar for character or ethical reasons; or

(C)  Publicly reprimanded or publicly disciplined for professional conduct;

(4)  Pay all administrative fees and comply with all procedures established by the Supreme Court, the Board and the Commission on Alternative Dispute Resolution; and

(5)  Agree to provide mediation/arbitration to indigents without pay.

(6)  To be certified as a Mediator, a person must also:

(A)  Have completed a minimum of forty (40) hours in a civil mediation training program approved by the Board, or any other training program attended prior to the promulgation of these rules or attended in other states and approved by the Board; and

(B)  Demonstrate familiarity with the statutes, rules and practice governing mediation settlement conferences in South Carolina.

(7)  To be certified as an Arbitrator, a person must also:

(A)  Have served as a Master-in-Equity, Circuit or Appellate Court Judge; or

(B)  Have completed a minimum of six (6) hours in a civil arbitration training program approved by the Board, or any other training program attended prior to the promulgation of these rules or attended in other states and approved by the Board; and

(C)  Demonstrate familiarity with the statutes, rules and practice governing arbitration hearings in South Carolina;

(b)  Family Court Mediator Certification. For family court mediator certification, a person must:

(1)  Either:

(A)  Be admitted to practice law in this State for at least three (3) years and be a member in good standing of the South Carolina Bar;

(B)  Be admitted to practice law in the highest court of another state or the District of Columbia for at least three (3) years and:

(i)  Be at least 21 years old;

(ii)  Have received a juris doctorate degree or its equivalent from a law school approved by the American Bar Association;

(iii)  Be a member in good standing in each jurisdiction where he or she is admitted to practice law; and

(iv)  Agree to be subject to the Rules of Professional Conduct, Rule 407, SCACR, and the Rule on Disciplinary Procedure, Rule 413, SCACR, to the same extent as an active member of the South Carolina Bar; or,

(C)  Be a psychologist, master social worker, independent social worker, professional counselor, licensed professional counselor intern, associate counselor, marital and family therapist, or physician specializing in psychiatry, licensed for at least three (3) years under Title 40 of the 1976 Code of Laws, as amended.

(2)  Have completed a minimum of forty (40) hours in a family court mediation training program approved by the Board, or any other training program attended prior to the promulgation of these rules or attended in other states and approved by the Board;

(3)  Demonstrate familiarity with the statutes, rules and practice governing mediation settlement conferences in South Carolina;

(4)  Be of good moral character;

(5)  Have not, within the last five (5) years, been:

(A)  Disbarred or suspended from the practice of law or a profession set forth in Rule 15(b)(1)(C);

(B)  Denied admission to a bar or denied a professional license for character or ethical reasons; or

(C)  Publicly reprimanded or publicly disciplined for professional conduct;

(6)  Pay all administrative fees and comply with all procedures established by the Supreme Court, the Board and the Commission on Alternative Dispute Resolution; and

(7)  Agree to provide mediation to indigents without pay.

Renumbered and amended by Order dated April 30, 2012.