Proposed
SC Court-Annexed ADR Rules
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The Program Subcommittee of the Supreme Court's Commission on Alternative Dispute Resolution (ADR) seeks comments by May 31 on its proposed draft of new circuit and family court-ADR rules. Links to the rules and how to view/post comments are near the bottom of www.scbar.org/adr. Or go directly to the following:
- Full rules online; view/post comments. (Rules listed in order of most recent comments.)
- Full rules for download.
- Rule highlights for circuit court and family court, respectively.
The draft rules are a merger of the
Circuit Court ADR Rules and the Family Court Mediation Rules effective since
1996 in about six pilot counties (Anderson, Florence, Greenville, Horry, Lexington,
and Richland). The new rules are intended to be implemented uniformly statewide
upon Supreme Court approval. The proposed rules continue to require mediation
or non-binding arbitration in most circuit and family court cases. However,
the proposed rules are more streamlined, require less paperwork, make mediation
the default process regardless of damages claimed (arbitration is optional),
expand coverage in family court to include both contested custody/visitation
issues and contested property/alimony issues, and include Subcommittee comments
for clarification and background.
The Subcommittee and Commission will
review all comments posted or received by May 31st and will make further
edits accordingly, submitting their final proposal this summer or fall to the
Supreme Court for review and approval. If questions, visit the above websites;
contact Andrew Walsh at andrew.walsh@scbar.org;
or contact one of your ADR Commissioners listed at www.scbar.org/adr
(see "Resources") or 2003-04 SC Bar Lawyers Desk Book, p.393.