South Carolina
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in South Carolina. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in South Carolina can be found in RSI’s Research Library and in Reports below.
State Legislation
- South Carolina Statute 63-3-530: Jurisdiction in domestic matters
- South Carolina Statute 63-3-840: Mediation prohibition
Statewide Court ADR Rules and Policies
- South Carolina ADR Court Rules
- South Carolina Rules of Probate Court, Rule 5: Mediation
- South Carolina Appellate Court Rule 404: Admission Pro Hac Vice and Appearances by Non-South Carolina Lawyers in Arbitration, Mediation or other Alternative Dispute Resolution Proceedings in South Carolina
- South Carolina Regulations for the Commission on Alternative Dispute Resolution
State Office of Court ADR:
- No full-time state court ADR office.
Additional Information
Although there is no official statewide office for court ADR, the South Carolina Bar Association houses the South Carolina Commission on Dispute Resolution and the Board of Arbitrator and Mediator Certification.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
South Carolina Statute 63-3-530 - Jurisdiction in domestic matters
South Carolina Legislature. Renumbered 2008; amended June 26, 2012Resource Type: Legislation
Abstract: In part A-39 of this section, the family court is authorized to require parties to engage in court-mandated mediation, or to consent to requests from parties to voluntarily participate in any other form of alternate dispute resolution....
South Carolina Statute 63-3-840: Mediation prohibition
South Carolina Legislature. Jan. 1, 2008Resource Type: Legislation
Abstract: This section prohibits a guardian ad litem from mediating a case to which he has been appointed. With the consent of the parties, however, a guardian ad litem may participate in a mediation. ...
Rules
South Carolina Court-Annexed Alternative Dispute Resolution Rules
South Carolina Judicial Branch. Jan. 1, 2019Resource Type: Rules - Court
Abstract: These rules cover alternative dispute resolution for court ADR programs in Sout Carolina. The rules cover a variety of topics including ADR conference's neutrals, confidentiality, and training. ...
South Carolina ADR Court Rules
South Carolina Supreme Court. Apr. 27, 2016Resource Type: Rules - Court
Abstract: These rules govern court-annexed and non-court mandated ADR processes in South Carolina. These rules cover the selection and appointment of neutrals, duties of mediators, mediation participants and attorneys, confidentiality and compensation. The rul...
South Carolina Appellate Court Rule 404: Admission Pro Hac Vice and Appearances by Non-South Carolina Lawyers in Arbitration, Mediation or other Alternative Dispute Resolution Proceedings in South Carolina
South Carolina Judicial Department. May. 14, 2014Resource Type: Rules - Court
Abstract: This rule applies to attorneys authorized to practice laws in other states who wish to appear pro hac vice in South Carolina. The rule addresses application procedures, fees and attorney conduct and responsibilities. A non-South Carolina lawyer may p...
South Carolina Rules of Probate Court, Rule 5: Mediation
South Carolina Supreme Court. Apr. 30, 2012Resource Type: Rules - Court
Abstract: All contested cases in the state's probate courts are eligible for mediation. The court may refer cases to mediation or parties may request mediation. Parties may choose their own mediator, or, if the parties have not selected a mediator within 20 da...
South Carolina Regulations for the Commission on Alternative Dispute Resolution
South Carolina Judicial Department. June 27, 2002; amended September 4, 2008Resource Type: Rules - Court
Abstract: This appendix provides regulations for the Commission on Alternative Dispute Resolution and implements South Carolina Appellate Court Rule 422. The regulations address commission membership and meetings, the South Carolina Board of Arbitrator and Med...
Reports
Eviction Prevention and Diversion Programs - Early Lessons from the Pandemic
Mark Treskan, Solomon Greene, Olivia Fiol, Anne Junod. Urban Institute; Housing Crisis Research Collaborative, Apr. 1, 2021Resource Type: Report
Abstract: This report details the diversity of court-based and court-adjacent eviction prevention and diversion programs that were created or adapted to prevent evictions during the COVID-19 pandemic. In this resource, eviction prevention and diversion program...
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Contacts
South Carolina Bar Alternative Dispute Resolution Section
South Carolina Bar. Jan. 1, 2019Resource Type: Organization
Abstract: The South Carolina Bar Alternative Dispute Resolution (ADR) Section focuses on "increasing awareness of ADR through public forums and business seminars, creating consultation task force committees to work with counties that do not have ADR pilot prog...