The Supreme Court of South Carolina

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

Appellate Case No. 2014-002768

ORDER

Pursuant to Article V, § 4, of the South Carolina Constitution, we hereby amend Rule 19 and Rule 21 of the South Carolina Court-Annexed Alternative Dispute Resolution Rules as set forth in the attachment to this Order. 

The amendments are effective immediately.

Columbia, South Carolina
June 3, 2015

Rule 19(a)(1)(B)(iv) of the South Carolina Court-Annexed Alternative Dispute Resolution rules is amended to provide:

(iv) Agree to be subject to the Rules of Professional Conduct, Rule 407, SCACR, and the Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR, to the same extent as a regular member of the South Carolina Bar.

 

Rule 19(b) of the South Carolina Court-Annexed Alternative Dispute Resolution rules is amended to provide:

(b) Family Court Mediator Certification. For family court mediator certification, a person must:

(1) Have received at least a bachelor's degree from an institute of higher learning that is accredited by an accrediting agency recognized by the Department of Education;

(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) Demonstrate familiarity with domestic relations dispute resolution;

(5) Be of good moral character;

(6) Be at least 21 years old;

(7) If the person is a lawyer licensed in another jurisdiction, agree to be subject to the Rules of Professional Conduct, Rule 407, SCACR, and the Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR, to the same extent as a regular member of the South Carolina Bar;

(8) Have not, within the last five (5) years, been:

(A) Disbarred or suspended from the practice of law or any other profession;

(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;

(9) Pay all administrative fees and comply with all procedures established by the Supreme Court, the Board and the Commission on Alternative Dispute Resolution; and

(10) Agree to provide mediation to indigents without pay.

 

Rule 21(d) of the South Carolina Court-Annexed Alternative Dispute Resolution rules is amended to provide:

(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 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.