Rule 4 Selection or Appointment of Neutral

LibrarySouth Carolina Rules Annotated (SCBar) (2020 Ed.)
RULE 4 SELECTION OR APPOINTMENT OF NEUTRAL

(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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