January 1, 1999 started a new era at the Greenville County Courthouse; the Pilot Program for ADR was adopted. Many people have worked several years to bring alternative dispute resolution into the court system and are owed many thanks. This latest effort has involved a local committee comprised of Circuit Court and Family Court judges, the Clerk of Court, plaintiffs bar members, defense bar members, the Greenville County Bar Association, three major insurance carriers, and the Upstate Mediation Network.

The Modified ADR Pilot Program implementation date was August 2, 1999 in Common Pleas Court for all cases filed on or after January 1, 1999, and September 1, 1999 in Family Court for all final hearings requested.

The ADR Coordinator is Kathy Phillips. Kathy can be reached directly at 467-8233 or by e-mail at ADRCoordinator@greenvillecounty.org. Joan S. Brown is the Public Services Counsel for ADR for the SC Bar and may be reached at 803.799.6653, ext. 138, 803.799.5290 for fax, or by e-mail at jbrown@scbar.org.

A process of dispute resolution in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties have an opportunity to be heard. The results can be binding or non-binding. Click here for arbitration questions.

A neutral person either chosen by the parties to a dispute or appointed by a court, to hear the parties claims and renders a decision.

Mediation is an informal process in which a mediator facilitates settlement discussions between parties. Any settlement is voluntary. In the absence of settlement, the parties lose none of their rights to trial by judge or jury. Click here for mediation questions.

A neutral person who acts to encourage and facilitate the resolution of a pending civil action. The mediator has no authority to make a decision or impose a settlement.

The court in each county shall maintain a roster of arbitrators and mediators. Attorneys who wish to be placed on the list of mediators should contact Joan S. Brown, Public Services Counsel for ADR, 803.799.6653, ext. 138, 803.799.5290 fax, or e-mail jbrown@scbar.org for information.

Approved training programs for mediators will be provided by the SC Bar. Information about scheduled training programs is available by contacting Joan S. Brown, Public Services Counsel for ADR, 803.799.6653, ext. 138, 803.799.5290 fax, or e-mail jbrown@scbar.org.

• Statutes, rules and practice concerning family and related law in South Carolina.
• Conflict resolution, family dynamics, and mediation theory in general, as well as specific training regarding domestic violence.
• Mediation processes and techniques, including the process and techniques of trial court mediation.
• Standards of conduct for mediators.
• Statutes, rules, and practice governing mediation settlement conferences In South Carolina.
• Demonstrations of mediation conferences.
• Simulations of mediation settlement conferences, involving student participation as mediator, attorneys and disputants, which simulations shall be supervised, observed, and evaluated by program faculty, and, such other requirements as the Supreme Court from time to time may decide are necessary for good instruction.

• Why are only PCR Cases exempted?

Since the time line was moved back to completing ADR by the 300th day, statistics from the Clerk of Court's office indicate that cases that would be exempt, i.e., default cases, foreclosure cases, etc. should already be resolved at this point. Additionally, even if foreclosure actions were not completed by the 300th day there is no reason why they could not benefit from ADR.

• The Standing Order states "those cases exempt from ADR", implies that more than Post Conviction Relief matters may be exempt. What other exemptions apply?

Cases which carry the complex case designation will have their own Scheduling Order which includes ADR. Additionally, cases which went through the mediation process with a certified mediator prior to the action being filed are also exempt..

• Is there any advantage to taking the Court appointed mediator as opposed to selecting one yourself?

It is better to mutually select a mediator; however there is one advantage and that is with respect to price. If you select the mediator noted on the Court’s Order for ADR the hourly rate is $125.00 per hour which is divided equally amongst the parties.

• When exactly are you going to issue a Rule to Show Cause?

The Clerk of Court office will most likely review files approximately the 310 day period. If there is no Proof of ADR form, a Rule to Show Cause will be issued and a hearing set with the Administrative Judge as to why sanctions should not be imposed for failure to abide by the Court Order.

• The Standing Order also states that nothing in the Order precludes the parties from participating in any other recognized ADR process under mutually agreed upon rules. What is a "recognized" ADR process?

Mediation and arbitration form the core of what will be recognized by the Court. Attempts at early neutral evaluation, in other words just having a lawyer evaluate a case for the lawyers, will not be considered a recognized ADR process for the purpose of the pilot program.

• What does it mean that there has to be evidence of participation in an ADR process within 300 days? Does it have to be completed within 300 days?

The parties and attorneys have to physically participate in a mediation or arbitration on or before 300 days from the date of filing the action. If the mediation or arbitration continues beyond the 300th day there is no penalty but the proof of ADR still has to be timely filed or sanctions may be imposed.

• Why do attorneys execute the exemption portion of the form and the neutral execute the other portion of the form?

If the case is exempted i.e. Post Conviction Relief, complex case, or mediation with a certified mediator prior to the action being filed, the attorneys have to execute that portion of the form. Otherwise, the neutral fills out the form.

• Do all the attorneys have to execute the exemption portion of the form?

Yes, this will assist in identifying all attorneys when setting the status conference schedule.

• There is a note in the form that: "if binding arbitration has been chosen by the parties but not yet completed, an appropriate Order of Dismissal must be attached hereto". What does that mean?

If the arbitration has begun but is not yet complete, you should attach an appropriate order of dismissal, along with a copy of the Binding Arbitration Agreement. The Clerk of Courts office has a copy of the appropriate Order of Dismissal.

• What if the neutral fails to file the proof of ADR form in a timely manner? Why should the attorneys be penalized?

You should make the neutral aware of the deadline that the Proof of ADR has to be filed. The neutral should copy the attorneys in the matter so they are aware of when this form is filed.