Vol. 12, No. 3, Pg. 22. Circuit Court ADR Rules: Changes and Differences.

AuthorBy Robert W. Hassold Jr.

South Carolina Lawyer

2000.

Vol. 12, No. 3, Pg. 22.

Circuit Court ADR Rules: Changes and Differences

22Circuit Court ADR Rules: Changes and DifferencesBy Robert W. Hassold Jr.New Circuit Court ADR Rules were implemented by the Supreme Court effective July 1, 2000. By way of background, in 1996, the Supreme Court implemented a pilot Circuit Court Mediation and Arbitration program in Florence and Richland Counties. In 1999, the Supreme Court expanded the pilot Circuit Court program to Charleston, Horry and Lexington Counties and allowed Greenville County to implement a modified Circuit Court ADR Program.

The Supreme Court also implemented a pilot Family Court Mediation Program initially in Florence and Richland Counties which was expanded to Charleston, Horry, and Lexington Counties. The Supreme Court also allowed Greenville to implement a modified Family Court Mediation Program. However, the purpose of this article is to highlight some of the changes, differences and additions to the Circuit Court ADR Rules only.

CHANGES

Due to the fact that separate committees drafted the original Circuit Court Mediation and Circuit Court Arbitration Rules, implementation of the rules highlighted a number of differences, inconsistencies and duplications in these rules and their forms. New Circuit Court ADR Rules were drafted after seeking input from administrative judges, clerks of court, the plaintiff's and defense bar, and insurance representatives.

The Supreme Court subsequently repealed the former Circuit Court Mediation and Circuit Court Arbitration Rules and the new Circuit Court ADR Rules became effective in Charleston, Florence, Horry, Lexington and Richland Counties on July 1, 2000.

The changes reflected in the new Circuit Court ADR Rules are shown on the following page. (The new Circuit Court ADR Rules and forms can be found online at the Bar Web site at www.scbar.org/reference.htm.)

DIFFERENCES

As stated above, the Supreme Court has also allowed implementation of a modified Circuit Court ADR program in Greenville County. Greenville's modified program was developed by a local Bench-Bar committee involving the collaborative effort of the administrative judges, the clerk of court's office, plaintiff's anddefense bar, and representatives of the insurance industry. The goal of the modified program was to involve less "touches" by the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT