Vol. 5, No. 6, Pg. 19. VIEWPOINT: AN ALTERNATIVE TO ADAR-AN OLD SOLUTION TO NEW PROBLEMS.

• Author: By Louis E. Condon

South Carolina Lawyer

1994.

Vol. 5, No. 6, Pg. 19.

VIEWPOINT: AN ALTERNATIVE TO ADAR-AN OLD SOLUTION TO NEW PROBLEMS

19VIEWPOINT: AN ALTERNATIVE TO ADAR--AN OLD SOLUTION TO NEW PROBLEMSBy Louis E. CondonLet me begin by saying I'm not opposed to alternative dispute resolution--some of my best friends are arbitrators and mediators. I am a charter member of The Society of Professionals in Dispute Resolution, and I have been a member of the American Arbitration Association (AAA) for 30 years. Since assuming the bench, I have been on inactive status with the AAA and the Federal Mediation and Conciliation service. When I retire, I'll probably go back to arbitrating with both groups. However, as a lawyer, judge and arbitrator, it is my opinion that creation of an ADR system (at least insofar as arbitration is concerned) is not the only or best answer to whatever problems we might be facing in South Carolina's efforts to deal with an increasing civil caseload and backlog.

At the moment, ADR is riding a crest of popular support. However, in evaluating the concept, one should look at the judicial systems where it is being used. Usually, these are states with large populations and unreasonable litigation delays--e.g., California, Texas, Michigan, New York and Florida. To my knowledge, none of those states has anything like our Master-in-Equity. ADR or some other concept might be needed in those states, but, fortunately, South Carolina does not, and probably will not, have a comparable situation in the foreseeable future.

"I believe that litigation, like surgery, should be a last resort. I would endorse any concept that helps to resolve disputes without lawsuits. On the other hand, I support the idea that 'if it ain't broke, don't fix it.' We are fortunate in having an established system in South Carolina that can do the job without the changes an ADR system would entail."

I believe that litigation, like surgery, should be a last resort. I would endorse any concept that helps to resolve disputes without lawsuits. On the other hand, I support the idea that "if it ain't broke, don't fix it." We are fortunate in having an established system in South Carolina that can do the job without the changes an ADR system would entail. The equity court offers all of the same benefits, and more, without any of the drawbacks of an ADR system.

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