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2013-01-31-02

The Supreme Court of South Carolina

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

Appellate Case No. 2012-213642


ORDER


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. 

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, 2013


 

Rule 4(d)(1), South Carolina Court-Annexed
Alternative Dispute Resolution Rules, is amended to provide as follows:

(1)     If there are unresolved issues of custody or visitation, the court may in its discretion order an early mediation of those issues upon motion of a party or upon the court's own motion.

 

The first sentence of Rule 4(d)(2), South Carolina Court-Annexed
Alternative Dispute Resolution Rules, is amended to provide as follows:

(2)     If issues 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).