South Carolina ADR Rule 4 Order Appointing Mediator
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FAQ
For most cases, there is mandatory mediation in South Carolina Family Court. Mediation is an alternative dispute resolution process in which the parties get together to attempt settlement with the help of a neutral (referred to as the ?mediator?).
At any time in its discretion and upon terms as it deems just, the court may, by written order, allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
1 Many mediators say they are certified by the courts. In most cases this actually means they have met the Court's minimal training and experience requirements and are on a court panel allowing them to receive referrals for court-ordered mediation.
Anyone can be a mediator or arbitrator in a dispute, so long as all parties agree. If the parties cannot agree on a neutral, the Court can often appoint one for you. The parties must pay for the neutral; if appointed by a South Carolina Court, the amount is generally fixed by law.
(b) The business or nonprofit corporation may be served under Rule 4(d)(8) of the South Carolina Rules of Civil Procedure by registered or certified mail, return receipt requested, addressed to the office of the registered agent, or the office of the secretary of the corporation at its principal office.
The mediator must be impartial and independent of the parties (Mediation Rule 12). There is no nationality requirement for mediators in the Mediation Rules. In addition to the requirements established by the Mediation Rules, there are practical considerations that parties may wish to consider when selecting a mediator.
Anyone can be a mediator or arbitrator in a dispute, so long as all parties agree. If the parties cannot agree on a neutral, the Court can often appoint one for you. The parties must pay for the neutral; if appointed by a South Carolina Court, the amount is generally fixed by law.
Mediator certification An Application for certification as a Mediator can be obtained from the ADR Program Director, the clerk of court, or from the court's web site. If the application is in order and upon approval of the court, the applicant's name is added to the roster.