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South Carolina
JUDICIAL DEPARTMENT
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RULE 422
COMMISSION ON ALTERNATIVE DISPUTE RESOLUTION

(a) Purpose.  The Commission on Alternative Dispute Resolution is created to assist the courts, practitioners and the public with issues related to arbitration and mediation in the judicial system.

(b) Membership of Commission.  The Commission’s Chair will be the Chief Justice or the Chief Justice’s designee.  The Supreme Court will appoint the Commission’s other members as follows:

(1)  State Judges: One Circuit Court judge, one Family Court judge; one judge from the state appellate bench; one summary court judge; two judges from any state court.

(2)  Practicing Lawyers: Six practicing lawyers, at least four of whom are certified arbitrators and/or mediators, with due regard for diversity of practices among the members.

(3)  Two public members who may be certified arbitrators or mediators.

(4)  A clerk of court from a county subject to mandated alternative dispute resolution rules.

(5)  The Director of Court Administration or the Director’s designee.

(6)  The Chair of the House of Representatives Judiciary Committee or the Chair’s designee.

(7)  The Chair of the Senate Judiciary Committee or the Chair’s designee.

(8)  The Chair of the South Carolina Bar’s Alternative Dispute Resolution Section.

(c) Duties.  The Commission shall be responsible for the efficient administration of court-connected arbitration and mediation in South Carolina.  Its responsibilities include:

(1)  To serve as the principal resource for and coordinate efforts in the use of alternative dispute resolution in the resolution of civil and family litigation in the judicial system of South Carolina;

(2)  To collect and analyze data on the effectiveness of those alternative dispute resolution programs;

(3)  To approve training programs for the certification of arbitrators and mediators (hereinafter referred to as neutrals);

(4)  To nominate five persons from its membership to serve as the Board of Arbitrator and Mediator Certification as established by the Circuit Court Alternative Dispute Resolution (ADR) Rules and the Family Court Mediation Rules (hereinafter referred to as the ADR Rules);

(5)  To set certification and recertification fees subject to approval by the Supreme Court;

(6)  To recommend funds needed at the state level to support the court-connected programs and administrative costs, and to allocate and expend funds received for any of the purposes within the scope of the Commission;

(7)  To promote educational opportunities for all users;

(8)  To monitor alternative dispute resolution efforts in other jurisdictions;

(9)  To make recommendations to the Supreme Court, the South Carolina Bar, voluntary bar associations and the law school concerning additional means by which the use and practice of alternative dispute resolution can be improved and expanded; and

(10)  To recommend to the Supreme Court amendments or additions to the ADR rules.

(d) Promulgation of Regulations.  Regulations may be promulgated by the Commission.  Regulations will be effective only upon approval of the Supreme Court.

Adopted by Order dated June 27, 2002, and effective September 1, 2002.