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Court ADR Across the U.S.

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South Dakota

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 Dakota. 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 Dakota can be found in RSI’s Research Library and in Reports below.

State Legislation

  • South Dakota Statute 19-13A: Uniform Mediation Act
  • South Dakota Statute 19-19-515: Mediation Privilege
  • South Dakota Statutes 25-4-56 through 25-4-62: Dissolution of Marriage - Mediation

Statewide Court ADR Rules and Policies

  • South Dakota Supreme Court Rule 07-07: Uniform Mediation Act
  • South Dakota Supreme Court Rule 96-7: Minimum Qualifications for Family Court Mediators

State Office of Court ADR:

  • No full-time state court ADR office.

Additional Information

Although there is no official certification process, the South Dakota Supreme Court sets the minimum qualifications for mediators throughout the state.

Statutes

Civil Justice Reform Act of 1990

U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001

Resource 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, 1998

Resource 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 Dakota Statute 19-19-515: Mediation Privilege

South Dakota Legislature. Jan. 1, 2018

Resource Type: Legislation

Abstract: This statute sets confidentiality and disclosure guidelines for communications made during mediation. The statute stipulates that disclosure is only allowed if "a party brings an action against the mediator or if the communication was made in further...

South Dakota Statute 19-13A: Uniform Mediation Act

South Dakota Legislature. Jan. 1, 2008

Resource Type: Legislation

Abstract: This statute sets guidelines for privilege and confidentiality of information exchanged during mediation. The Act also addresses prohibited mediator reports and mediator conflicts of interest and discusses the Model Law on International Commercial Co...

South Dakota Statutes 25-4-56 through 25-4-62: Dissolution of Marriage - Mediation

South Dakota Legislature. Enacted 1989; amended 2008

Resource Type: Legislation

Abstract: These sections authorize the court to refer parties in custody or visitation disputes to mediation, and sets general guidelines for mediation proceedings. Topics covered include mediator appointment, qualifications, and ethics, as well as confidentia...

Rules

South Dakota Supreme Court Rule 07-07: Uniform Mediation Act

Supreme Court of South Dakota. September

Resource Type: Rules - Court

Abstract: This rule supplements South Dakota Statute 19-13A: Uniform Mediation Act. The rule addresses issues of confidentiality, communication, discovery and agreements. The rule also discusses international commercial mediation and the Electronic Signatures ...

South Dakota Supreme Court Rule 96-7: Minimum Qualifications for Family Court Mediators

Supreme Court of South Dakota. Jul. 1, 1996

Resource Type: Rules - Court

Abstract: The rule addresses mediator qualifications, stating that individuals who wish to mediate for the Family Court must submit an application (attached to this rule) and have a minimum of 40 hours of training and apprenticeship. The rule outlines mediator...

Reports

ADR in the Federal District Courts: An Initial Report

Stienstra, Donna. Nov. 1, 2011

Resource 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

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