Miscellaneous

Resolving Conflict in South Carolina

By Anne Skove, Esq.

They may never cause a Clemson - USC lovefest, but the ADR community in South Carolina is alive and well.

The state court ADR office is housed in the state bar. Both mediation and arbitration are part of the program.

Besides the usual arbitration and mediation programs, South Carolina has a few special programs and rules. Anyone wishing to bring a medical malpractice suit must first participate in pre-suit mediation, per S.C. Code secs. 15-79-120 and -125, and implemented via Rules 1.2(a), 3(b)(80), 4(c), 5(f), and 7(f)..

There is a pilot probate mediation program in several counties. Absent good cause, participating jurisdictions require probate mediation for all contested guardianship or conservatorship cases. Contesting parties in other probate case types may move for mediation. Mediators are paid by the estate, or, upon a finding by the judge, by the parties.

We hear that the state ADR office's bar-centric location means that out-of-state attorneys can forget about retiring to Pawley's Island and becoming mediators in certain types of cases. At the same time, there appears to be a thriving community mediation community, evidenced by the small claims program in Lexington and Richland Counties. This program requires parties in magistrate's court demanding a jury trial to first attend mediation. Mediators in those cases are from the community mediation center. There is also an Upstate Community Mediation Center, which takes magistrate court, truancy, landlord/tenant, family, civil, and other cases.

Again, small can work!

Full post as published by court-o-rama.org on March 26, 2008 (boomark / email).