APPENDIX G

REGULATIONS FOR THE COMMISSION ON ALTERNATIVE DISPUTE RESOLUTION

I.  SCOPE AND PURPOSE

These regulations implement Rule 422, SCACR.

II.  MEMBERSHIP

A.  The membership is defined in Rule 422.  Members appointed under sections b(1) - (4) will serve for a term of three years provided, however, that initial appointments and subsequent appointments may be for terms less than three years to accomplish staggered terms.

B.  Termination of membership of a member other than upon completion of a term will be upon resignation of that member or upon vote of two-thirds of the other members and approval of the Chair.

III.  COMMITTEES; STAFF

A.  The Commission may empower committees to act in the intervals between Commission meetings.  The Chair will name committee chairs and members.

B.  The South Carolina Bar will provide administrative assistance to the Commission from funds provided through the certification process and by the Judicial Department.  The Bar may use the funds to hire administrative staff and for other purposes including but not limited to the following:

1.  To purchase equipment, supplies and services necessary to operate;

2.  To deposit at interest in federally insured banks or savings and loan associations located in the State of South Carolina, with interest or other investment income to become a part of the fund; and

3.  To invest any portion of the funds as may not be needed currently with interest or other investment income to become a part of the fund.

C.  The Commission may delegate to staff administrative responsibilities for certification and other matters.

IV.  MEETINGS; QUORUM; VOTING

A.  The Commission will meet at least four times annually at the call of the Chair.  Notice of the time and place will be given at least two weeks in advance of the meeting.  The meeting may be held in person, convened by telephone conference call or video conference, or a combination thereof.

B.  At all meetings ten members will constitute a quorum.  The latest edition of Robert’s Rules of Order will govern proceedings.

C.  Voting may be in person, by letter, by telephone, by fax or by email.  Members may vote by proxy if the proxy is in writing, signed and received by the Chair prior to the convening of the meeting.  Any matter or proposition will not be action of the Commission without affirmative vote of at least eight members.

V.  SOUTH CAROLINA BOARD OF ARBITRATOR AND MEDIATOR CERTIFICATION

A.  Purpose.

The Board of Arbitrator and Mediator Certification (hereinafter referred to as Board) is established as set forth in the Circuit Court Alternative Dispute Resolution (ADR) Rules and the Family Court Mediation Rules (hereinafter referred to as the ADR Rules).  These regulations are implemented to govern the Board in the certification, recertification, decertification and discipline of mediators/arbitrators (hereinafter referred to as neutrals) and the approval of training courses for neutrals.

B.  Applications for Certification of Neutrals.

1.  Applications shall be typewritten on forms provided by the Board. Each question shall be answered responsively or shown as "not applicable." The signature of the applicant shall constitute a certification that the information furnished in the application is true and correct.

2.  To assist in determining an applicant's entitlement to certification, the Board may require an applicant to submit information in addition to that called for on the application form.

3.  An application shall be deemed incomplete until the application fee, as set by the Supreme Court, has been paid. [1]

4.  Processing of Applications.

a.  The Board shall check each application to assure that all portions of the application have been properly completed and that the applicant has complied with all requirements of the Board and the applicable ADR Rules.

b.  An application not approved by the Board shall be returned to the applicant with a letter specifying the deficiencies in the application. The applicant may submit additional documentation/information.

5.  An applicant has the burden of establishing that the requirements for certification have been met. That burden is satisfied only if the Board is convinced by clear and convincing evidence that the application meets or exceeds the standards specified for certification by the applicable A