The Supreme Court of South Carolina

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

Appellate Case No. 2020-001509

 

ORDER

Pursuant to Article V, § 4 of the South Carolina Constitution, Rule 20 of the South Carolina Court-Annexed Alternative Dispute Resolution Rules (SCADR) and Appendix A and Appendix B to the SCADR are amended as set forth in the attachment to this order.  These amendments are effective immediately. 

Columbia, South Carolina
May 12, 2021

Rule 20(a)(1)(B), SCADR, is amended to provide:

(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:

.     .     .

(B) Mediation processes and techniques, including the process and techniques of trial court mediation, for both in-person and Online Dispute Resolution;

Rule 20(b)(1)(C), SCADR, is amended to provide: (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:

.    .     .     .

(C) Mediation processes and techniques, including the process and techniques of trial court mediation, for both in-person and Online Dispute Resolution; 

Rule 20(c)(1)(b), SCADR, is amended to provide:

(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:

.     .     .

(B) Arbitration processes and techniques, for both in-person and Online Dispute Resolution, including the process and techniques of both binding and non-binding arbitration;

Canon I(B) to Appendix A to the SCADR is amended to provide:

B. It is inconsistent with the integrity of the arbitration process for persons to solicit appointment for themselves. However, a person may indicate a general willingness to serve as an arbitrator. A person who offers herself or himself as available to serve as an arbitrator gives parties and the public the expectation that she or he has the competency to arbitrate effectively, including conducting Online Dispute Resolution. In court-connected or other forms of mandated arbitration, it is essential that arbitrators assigned to the parties have the requisite training and experience.

Section IV of Appendix B to the SCADR is amended to provide:

IV. Competence:           A Mediator Shall Mediate Only When the Mediator Has the Necessary Qualifications to Satisfy the Reasonable Expectations of the Parties.

Any person may be selected as a mediator, provided that the parties are satisfied with the mediator's qualifications. Training and experience in mediation, however, are often necessary for effective mediation. A person who offers herself or himself as available to serve as a mediator gives parties and the public the expectation that she or he has the competency to mediate effectively, including conducting Online Dispute Resolution. In court-connected or other forms of mandated mediation, it is essential that mediators assigned to the parties have the requisite training and experience.