Rule 4 Selection or Appointment of Neutral
Library | South Carolina Rules Annotated (SCBar) (2020 Ed.) |
(a) Eligibility.
A neutral may be a person who:
(1) is a certified neutral under Rule 19; or
(2) is not a certified neutral but, in the opinion of all the parties is otherwise qualified by training or experience to mediate, arbitrate or evaluate all or some of the issues in the action. If the person is not a certified neutral, he or she must disclose the lack of certification and obtain written consent from all parties to the ADR Conference on a form approved by the Supreme Court or its designee.
(b) Roster of Certified Neutrals. The Board shall maintain a current roster ("Roster") of neutrals certified under Rule 19 who are willing to serve in each county. The Board shall make the Roster available to the clerks of court for each county. A certified neutral shall notify the Supreme Court's Board of Arbitrator and Mediator Certification if the neutral desires to be added to or deleted from the Roster. The Board and clerk of court for each county shall make this roster available to the public.
(c) Appointment of Mediator by Circuit Court.
In circuit court cases subject to ADR in which no Proof of ADR has been filed on the 210th day after the filing of the action, the Clerk of Court shall appoint a primary mediator and a secondary mediator from the current Roster on a rotating basis from among those mediators agreeing to accept cases in the county in which...
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- Rule 1 Scope of Rules
- Rule 2 Definitions
- Rule 3 Actions Subject to Adr
- Rule 4 Selection or Appointment of Neutral
- Rule 5 The Adr Conference
- Rule 6 Duties of the Parties, Representatives and Attorneys - Mediation
- Rule 7 Authority and Duties of Mediators
- Rule 8 Confidentiality
- Rule 9 Compensation of Neutral
- Rule 10 Sanctions
- Rule 11 Duties of the Parties, Representatives and Attorneys - Arbitration
- Rule 12 Non-binding Arbitration Hearing and Award
- Rule 13 Authority and Duties of Arbitrators
- Rule 14 Description of Early Neutral Evaluation (ene)
- Rule 15 Procedureat Early Neutral Evaluation Conference
- Rule 16 Duties of the Parties, Representatives and Attorneys -early Neutral Evaluation
- Rule 17 Authority and Duties of the Evaluator
- Rule 18 Board of Arbitrator and Mediator Certification
- Rule 19 Certification of Court-appointed Neutrals
- Rule 20 Approval of Training Programs
- Rule 21 Standards of Conduct, Decertification and Discipline of Neutrals
- Rule 22 Clerks of Court
- Rule 23 Local Rule-making
- Rule 24 Application of Rules
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