The Supreme Court of South Carolina
RE: Amendments to South Carolina Court-Annexed
Alternative Dispute Resolution Rules
O R D E R
Pursuant to Article V, 4, of the South Carolina Constitution, the South Carolina Court-Annexed Alternative Dispute Resolution Rules are hereby amended as provided in the attachment to this order. These amendments 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/Costa M. Pleicones J. s/Donald W. Beatty J. s/John W. Kittredge J. s/Kaye G. Hearn J. |
Columbia, South Carolina
January 31, 2012
Rule 2
Definitions
(a) Mediation. An informal process in which a third-party mediator facilitates settlement discussions between parties. Any settlement is voluntary. In the absence of settlement, the parties lose none of their rights to trial.
(b) Mediator. A neutral person who acts to encourage and facilitate the resolution of a dispute. The mediator does not decide the issues in controversy or impose settlement.
(c) Arbitration. An informal process in which a third-party arbitrator issues an award deciding the issues in controversy. The award may be binding or non-binding as specified in these rules.
(d) Arbitrator. A neutral person who acts to decide the issues in controversy of a dispute.
(e) Early Neutral Evaluation. An informal process in which a third-party evaluator provides a non-binding evaluation of the matters in controversy, assists the parties in identifying areas of agreement, offers case planning suggestions, and assists in settlement discussions.
(f) Evaluator. A neutral person who provides an evaluation of the issues in controversy in a dispute as described in these rules.
(g) Neutral. A mediator, arbitrator or evaluator.
(h) Certified. A mediator or arbitrator who is approved by the Board of Arbitrator and Mediator Certification to be eligible for court appointment pursuant to these rules.
(i) Alternative Dispute Resolution (ADR) Conference. A mediation or arbitration. Arbitration conferences may also be referred to as hearings.
(j) Roster. The official list of certified neutrals maintained and published by the South Carolina Supreme Court Board of Arbitrator and Mediator Certification.
(k) Board. The South Carolina Supreme Court Board of Arbitrator and Mediator Certification.
Rule 3
Actions Subject to ADR
(a) Mediation. All civil actions filed in the circuit court, all cases in which a Notice of Intent to File Suit is filed pursuant to the provisions of S.C. Code 15-79-125(A), and all contested issues in domestic relations actions filed in family court, except for cases set forth in Rule 3(b) or (c), are subject to court-ordered mediation under these rules unless the parties agree to conduct an arbitration. The parties may select their own neutral and may mediate, arbitrate or submit to early neutral evaluation at any time.
(b) Exceptions. ADR is not required for:
(1) special proceedings, or actions seeking extraordinary relief such as mandamus, habeas corpus, or prohibition;
(2) requests for temporary relief;
(3) appeals;
(4) post-conviction relief (PCR) matters;
(5) contempt of court proceedings;
(6) forfeiture proceedings brought by governmental entities;
(7) mortgage foreclosures;
(8) family court cases initiated by the South Carolina Department of Social Services; and
(9) cases that have been previously subjected to an ADR conference, unless otherwise required by this rule or by statute.
(c) Motion to Refer Case to Mediation. In cases not subject to ADR, the Chief Judge for Administrative Purposes, upon the motion of the court or of any party, may order a case to mediation.
Rule 4
Selection or Appointment of Neutral
(a) Eligibility. A neutral may be a person who:
(1) is a certified neutral under Rule 15; or
(2) is not a certified neutral but, in the opinion of all the parties is otherwise qualified by training or experience to mediate, arbitrate or evaluate all or some of the issues in the action. If the person is not a certified neutral, he or she must disclose the lack of certification and obtain written consent from all parties to the ADR Conference on a form approved by the Supreme Court or its designee.
(b) Roster of Certified Neutrals. The Board shall maintain a current roster ("Roster") of neutrals certified under Rule 15 who are willing to serve in each county. The Board shall make the Roster available to the clerks of court for each county. A certified neutral shall notify the Supreme Court's Board of Arbitrator and Mediator Certification if the neutral desires to be added to or deleted from the Roster. The Board and clerk of court for each county shall make this roster available to the public.
(c) Appointment of Mediator by Circuit Court. In circuit court cases subject to ADR in which no Proof of ADR has been filed on the 210th day after the filing of the action, the Clerk of Court shall appoint a primary mediator and a secondary mediator from the current Roster on a rotating basis from among those mediators agreeing to accept cases in the county in which the action has been filed. A Notice of ADR appointing the mediators shall be issued upon a form approved by the Supreme Court or its designee. In the event of a conflict of interest with the primary mediator, the secondary mediator shall serve. In the event of a conflict of interest with the secondary mediator, and if the parties have not agreed to the selection of an alternative mediator, the plaintiff or the plaintiff's attorney shall immediately file with the Clerk of Court a written notice advising the court of this fact and requesting the appointment of two more mediators. In lieu of mediation, the parties may select non-binding arbitration or early neutral evaluation pursuant to these rules.
In medical malpractice cases subject to pre-suit mediation as required by S.C. Code 15-79-125(C), the Notice of Intent to File Suit shall be filed in accordance with procedures for filing a lis pendens and requires the same filing fee as provided by S.C. Code 8-21-310(11)(b). The Notice of Intent to File Suit shall contain language directed to the defendant(s) that the dispute is subject to pre-suit mediation within 120 days and must contain a place for the names of the primary and secondary mediators. At the time the Notice of Intent to File Suit is filed, the Clerk of Court shall appoint a primary mediator and a secondary mediator in the manner set forth in the paragraph above. The plaintiff shall serve the defendants with the Notice of Intent to File Suit containing the mediator appointment. Notwithstanding the clerk's appointments, the parties by agreement may choose a different mediator at any time.
(d) Appointment of Mediator by Family Court. In family court cases subject to ADR, early mediation is encouraged.
(1) If there are unresolved issues of custody or visitation, an early mediation of those issues is required. In such event, the court shall appoint a mediator at a temporary hearing. If there is no temporary hearing, then the parties shall agree upon a mediator or notify the court for the appointment of a mediator within fifteen (15) days of the joinder of the issues of custody or visitation. In the event a mediation has not already been held to attempt resolution of the issues of custody and visitation, the temporary order shall designate a mediator in language substantially complying with the form approved by the Supreme Court or its designee. The designation shall include the name, address and phone number of the primary mediator, whether the mediator was selected or appointed, and if appointed, the name, address and phone number of a secondary mediator. E-mail addresses shall be included, if available.
(2) If issues other than custody or visitation are in dispute and no Proof of ADR has been filed certifying that the issues have been mediated, the parties must mediate those issues prior to the scheduling of a hearing on the merits; provided, however, the parties may submit the issues of property and alimony to binding arbitration in accordance with subparagraph (5). A mediator shall be designated in the following manner:
(A) When the parties file a request for a merits hearing, the request shall include the name of the stipulated mediator or a request for appointment of a mediator. The court shall not schedule a hearing on the merits until a Proof of ADR has been filed.
(B) If a mediator has not been stipulated in the request for merits hearing, the clerk of court shall appoint a primary mediator and a secondary mediator from the current Roster on a rotating basis from among those mediators agreeing to accept cases in the county in which the action has been filed. A Notice of ADR appointing the mediators shall be issued upon a form approved by the Supreme Court or its designee.
(3) In the event of a conflict of interest with the primary mediator, the secondary mediator shall serve. In the event of a conflict of interest with the secondary mediator, and if the parties have not agreed to the selection of an alternative mediator, the plaintiff or the plaintiff's attorney shall immediately file with the Clerk of Court a written notice advising the court of this fact and requesting the appointment of two more mediators.
(4) An initial mediation conference must occur within thirty (30) days of appointment or selection. The parties must complete mediation and file a Proof of ADR with the clerk's office before a merits hearing can be scheduled.
(5) In lieu of mediation, the parties may elect to submit issues of property and alimony to binding arbitration in accordance with the Uniform Arbitration Act, S.C. Code 15-48-10 et seq., or submit all issues to early neutral evaluation pursuant to these rules.
(e) By agreement. By agreement, the parties may choose a neutral at any time. In any event, the ADR conference shall be held on or before the deadlines provided for in these rules.
(f) Notice to Neutral. The parties shall notify the selected or appointed neutral to initiate scheduling of the ADR Conference.
Rule 9
Compensation of Neutral
(a) By Agreement. When the parties stipulate the neutral, the parties and the neutral shall agree upon compensation.
(b) By Court Order Mediation. When the mediator is appointed by the court, the mediator shall be compensated by the parties at a rate of $175 per hour, provided that the court-appointed mediator shall charge no greater than one hour of time in preparing for the initial mediation conference. Travel time shall not be compensated. Reimbursement of expenses to the mediator shall be limited to: (i) mileage costs accrued by the mediator for travel to and from the mediation conference at a per mile rate that is equal to the standard business mileage rate established by the Internal Revenue Service, as periodically adjusted; and (ii) reasonable costs advanced by the mediator on behalf of the parties to the mediation conference, not to exceed $150. An appointed mediator may charge no more than $175 for cancellation of an ADR Conference.
(c) Payment of Compensation by the Parties. Unless otherwise agreed to by the parties or ordered by the court, fees and expenses for the ADR conference shall be paid in equal shares per party. Payment shall be due upon conclusion of the conference unless other arrangements are made with the neutral, or unless a party advises the neutral of his or her intention to file a motion to be exempted from payment of neutral fees and expenses pursuant to Rule 9(d).
(d) Indigent Cases. Where a mediator has been appointed, a party may move before the Chief Judge for Administrative Purposes to be exempted from payment of neutral fees and expenses based upon indigency. Applications for indigency shall be filed no later than ten (10) days after the ADR conference has been concluded. Determination of indigency shall be in the sole discretion of the Chief Judge for Administrative Purposes.
Rule 14
Description of Early Neutral Evaluation (ENE)
In early neutral evaluation, the parties and their counsel, in a confidential session, make compact presentations of their claims and defenses, including applicable evidence as developed at the time of the evaluation, and receive a non-binding evaluation of the matters in controversy by an evaluator. The evaluator also assists in identifying areas of agreement, offers case planning suggestions and assists the parties in settlement discussions.
Rule 15
Procedure at Early Neutral Evaluation Conference
(a) Components of ENE Session. The evaluator shall to the extent deemed appropriate by the evaluator:
(1) Permit each party (through counsel or otherwise), orally and through documents or other media, to present its claims or defenses and to describe the principal evidence on which they are based;
(2) Assist the parties to identify areas of agreement and, where feasible, enter stipulations;
(3) Assess the relative strength and weakness of the parties' contentions and evidence and provide detailed explanations to support these assessments;
(4) In a circuit court case, estimate, where feasible, the likelihood of liability and the dollar range of damages;
(5) In a family court case, evaluate the likely result of a trial of all issues.
(6) Assist the parties to devise a plan for sharing all relevant information and/or conducting the necessary discovery that will equip them as expeditiously as possible to enter meaningful settlement discussions or to position the case for disposition by other means;
(7) Assist the parties to assess litigation costs realistically;
(8) Assist the parties, through private caucusing and otherwise, to explore the possibility of settling the case;
(9) Determine whether further action after the session would contribute to the case development process or to settlement.
(b) Process Rules. The session shall be informal. Rules of Evidence shall not apply. There shall be no formal examination or cross-examination of witnesses, and no recording of the presentations or discussion shall be made.
(c) Evaluation and Settlement Discussions. The evaluation must be presented orally, and written copies of the evaluation may be provided to the parties at the discretion of the evaluator. The parties should discuss settlement after the evaluation has been presented.
(d) Confidentiality. Rule 8 of the ADR Rules shall apply to early neutral evaluations.
Rule 16
Duties of the Parties, Representatives and Attorneys
Early Neutral Evaluation
(a) Attendance. Attendance shall be required pursuant to Rule 6(b) of these rules.
(b) Identification of Matters in Dispute. The evaluator may require, prior to the scheduled early neutral evaluation conference, that each party provide a brief memorandum setting forth its position with regard to the issues to be resolved. The memorandum should be no more than five (5) pages in length unless otherwise authorized by the evaluator. Such memoranda shall be exchanged by the parties at the same time and in the same manner as the memoranda are furnished to the evaluator.
(c) Cooperation. The parties and their representatives shall cooperate with the evaluator.
Rule 17
Authority and Duties of the Evaluator
(a) The evaluator shall at all times be authorized to control the conference and the procedures to be followed.
(b) Duties. The evaluator shall set up the evaluation conference and shall define and describe the following to the parties:
(1) The early neutral evaluation process, including the difference between early neutral evaluation and other forms of conflict resolution;
(2) The duties and responsibilities of the evaluator and the parties; and
(3) The cost of the early neutral evaluation conference.
(c) Evaluator Not to be Called as a Witness. The evaluator shall not be compelled by subpoena or otherwise to divulge any records or to testify in regard to the early neutral evaluation in any adversary proceeding or judicial forum. All records, reports and other documents received by the evaluator while serving in that capacity shall be confidential.
(d) Duty of Impartiality/Disclosure. The evaluator has a duty to be impartial and to disclose any circumstance likely to affect impartiality or independence, including any bias, prejudice, or financial or personal interest in the result of the evaluation or any past or present relationship with the parties or their representatives.
(e) Reporting Results of the Early Neutral Evaluation. Within ten days of conclusion of the early neutral evaluation, as set forth in Rule 7(f), the evaluator shall file with the clerk of court proof of ADR on a form approved by the Supreme Court or its designee. South Carolina Court Administration or the South Carolina Commission on Alternate Dispute Resolution may require the evaluator to provide additional statistical data for evaluation of the program.
(f) Immunity. The evaluator shall have immunity from liability to the same extent afforded judicial officers of this State.
Rule 18
Board of Arbitrator and Mediator Certification
There is hereby established a Board of Arbitrator and Mediator Certification. The Board will be composed of five (5) persons appointed by the Supreme Court for a term of three (3) years or until a replacement member is appointed. In the event of a vacancy on the Board, the Supreme Court shall appoint someone to fill the unexpired term. Three members of the Board shall constitute a quorum. In the event that members of the Board disqualify themselves in a pending matter leaving less than a quorum, the Supreme Court may appoint ad hoc members to restore the Board to full membership in that matter.
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.
Rule 20
Approval of Training Programs
A training program, including the trainers to be utilized, must be approved by the Supreme Court or its designee, the Board of Arbitrator and Mediator Certification, before the program can be used for compliance with Rule 19(a)(6)(A) (certification of circuit court mediators), Rule 19(b)(2) (certification of family court mediators), or Rule 19(a)(7)(B) (certification of circuit court arbitrators). Approval need not be given in advance of training attendance. The Supreme Court may set administrative fees, which must be paid in advance of approval.
(a) Approval of Circuit Court Mediator Training Programs
(1) An approved training program for mediators of the Court of Common Pleas civil actions shall consist of a minimum of forty (40) hours of instruction, unless otherwise provided by these rules. The curriculum of such programs shall at a minimum include:
(A) Conflict resolution and mediation theory;
(B) Mediation processes and techniques, including the process and techniques of trial court mediation;
(C) Standards of conduct and ethics for mediators;
(D) Statutes, rules and practice governing mediation settlement conferences in South Carolina;
(E) Demonstrations of mediation settlement conferences;
(F) Simulations of mediation settlement conferences, involving student participation as mediator, attorneys and disputants, which simulations shall be supervised, observed and evaluated by program faculty; and
(G) Such other requirements as the Supreme Court from time to time may decide are appropriate.
(2) Training programs completed in South Carolina or other states may be approved by the Board if:
(A) The program consisted of a minimum of 37 hours of instruction;
(B) The program covered all the topics enumerated in paragraph (a)(1) of this Rule except subparagraph (D) related to South Carolina law; and
(C) The applicant takes at least three (3) hours of supplemental training pre-approved by the Supreme Court or the Board, covering the South Carolina law topics enumerated in paragraph (a)(1), subparagraph (D) of this Rule.
(b) Approval of Family Court Mediator Training Programs
(1) An approved training program for mediators in the Family Court shall consist of a minimum of forty (40) hours of instruction, unless otherwise provided by these rules. The curriculum of such programs shall at a minimum include:
(A) Statutes, rules and practice concerning family and related law in South Carolina, including the law regarding custody, visitation, support, division of property and alimony;
(B) Conflict resolution, family dynamics, and mediation theory in general, as well as specific training regarding domestic violence;
(C) Mediation processes and techniques, including the process and techniques of trial court mediation;
(D) Standards of conduct and ethics for mediators;
(E) Statutes, rules and practice governing mediation settlement conferences in South Carolina;
(F) Demonstrations of mediation conferences;
(G) Simulations of mediation settlement conferences, involving student participation as mediator, attorneys and disputants, which simulations shall be supervised, observed and evaluated by program faculty; and
(H) Such other requirements as the Supreme Court from time to time may decide are appropriate for good instruction.
(2) Training programs completed in South Carolina or other states may be approved by the Board if:
(A) The program consisted of a minimum of 37 hours of instruction;
(B) The program covered all the topics enumerated in paragraph (b)(1) of this Rule except subparagraphs (A) and/or (E) related to South Carolina law; and
(C) The applicant takes at least three (3) hours of supplemental training pre-approved by the Supreme Court or the Board, covering the South Carolina law topics enumerated in paragraph (b)(1), subparagraphs (A) and (E) of this Rule.
(c) Approval of Circuit Court Arbitrator Training Programs
(1) An approved training program for arbitrators of the Court of Common Pleas civil actions shall consist of a minimum of six (6) hours of instruction, unless otherwise provided by these rules. The curriculum of such programs shall at a minimum include:
(A) Conflict resolution and arbitration theory;
(B) Arbitration processes and techniques, including the process and techniques of both binding and non-binding arbitration;
(C) Standards of conduct and ethics for arbitrators;
(D) Statutes, rules and practice governing arbitration hearings in South Carolina;
(E) Demonstrations of arbitration hearings; and
(F) Such other requirements as the Supreme Court from time to time may decide are appropriate.
(2) Training programs completed in South Carolina or other states may be approved by the Board if:
(A) The program consisted of a minimum of 6 hours of instruction;
(B) The program covered all the topics enumerated in paragraph (c)(1) of this Rule except subparagraph (D) related to South Carolina law; and
(C) The applicant takes at least three (3) hours of supplemental training pre-approved by the Supreme Court or the Board, covering the South Carolina law topics enumerated in paragraph (c)(1), subparagraph (D) of this Rule.
(d) Approval of ADR Trainers. An experienced, qualified faculty of trainers is essential to the success of any ADR training program. An applicant must specify those individuals who, in fact, will serve as the primary trainers for that training program. The application material shall also include a resume for each primary trainer, and each resume shall describe in detail the trainer's experience and education in ADR, along with other relevant experience.
The Supreme Court or the Board may use the following guidelines, without limitation, in exercising their discretion in approving trainers:
(1) The trainer should meet the equivalent education requirements set out in the corresponding category for certification.
(2) The trainer should have ADR training equivalent to that set out in the corresponding category for certification.
(3) The trainer should have served as a neutral in a minimum of twenty-five (25) ADR conferences since the time of his/her training, and should be actively engaged in the practice or academic instruction of ADR.
(4) In addition to meeting all academic, training and experiential requirements set out in these guidelines, the primary trainer should be knowledgeable in all areas of the training curriculum. If the primary trainer lacks sufficient expertise or knowledge of any part of the required curriculum, he/she must bring in faculty who has expertise in that subject matter.
Rule 21
Standards of Conduct, Decertification and Discipline
of Neutrals
(a) Standards of Conduct for Mediators. Any person serving as a mediator, whether certified or not, shall comply with the Standards of Conduct for Mediators, which is attached as Appendix B to these rules.
(b) Standards of Conduct for Arbitrators. Any person serving as an arbitrator, whether certified or not, shall comply with the Code of Ethics for Arbitrators, which is attached as Appendix A to these rules.
(c) Decertification of Neutrals. Certification under Rule 19 may be revoked at any time if it is shown that the neutral no longer meets the requirements to be certified under Rule 19 or that the neutral has failed to faithfully observe these rules, the ethical standards of Rules 21(a) or (b), or has engaged in any conduct showing an unfitness to serve as a neutral.
(d) Discipline of Neutrals. A neutral who violates these rules, the ethical standards of Rules 21(a) or (b), or who has engaged in any conduct showing an unfitness to serve as a neutral may, in addition to decertification under Rule 21(c), be subject to discipline by the Supreme Court. This discipline may include any sanction the Supreme Court determines is appropriate, to include an order publicly reprimanding the neutral for the conduct, an order barring the neutral from serving as a neutral in any court of this State for a definite or indefinite period of time, an order requiring the neutral to complete additional training, and/or the assessment of a fine. The fact that discipline is taken against an attorney under this Rule shall not preclude action against the attorney under Rule 413, SCACR, if the conduct is misconduct under that rule. The fact that discipline is taken under this Rule against a licensed professional listed in Rule 19(b)(1)(C) shall not preclude action against the professional under the rules or statutes governing that profession, if the conduct is misconduct under that rule or statute.
(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 21(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.
Rule 22
Clerks of Court
All circuit and family court Clerks of Court in each county shall perform whatever duties are required pursuant to these rules relating to record keeping, notification to the court, parties, or attorneys, docket control, maintenance of rosters, and service of orders.
Rule 23
Local Rule-Making
These rules shall be uniform for all counties in which they are applicable. Local rules may be allowed only upon approval of the Supreme Court. Unless otherwise specified by these rules, all motions related to ADR or to these rules should be directed to the Chief Judge for Administrative Purposes.
Rule 24
Application of Rules
These rules shall apply to cases filed in circuit or family court on or after the effective date of any statute mandating ADR or Supreme Court order designating that county or court as subject to these rules.