In re: Amendments to Alternative Dispute Resolution Rules, Appendix G, Part IV, South Carolina Appellate Court Rules
H. Toal C.J.
South Carolina Commission on Alternative Dispute Resolution
has proposed several amendments to the regulations contained
in Appendix G to Part IV, SCACR, which govern
discipline for third party neutrals. Specifically, the
proposed changes allow for a three-member hearing panel and
grant the Commission Chair the authority to appoint members
of a hearing panel. Additionally, the amendments confirm that
three members of the Board of Arbitrator and Mediator
Certification constitute a quorum in matters of
decertification, discipline and processing of complaints.
Finally, the changes add two new subsections to Section V(D)
of Appendix G, which concern access to disciplinary
information, communications among parties, and immunity.
to Article V, § 4, of the South Carolina Constitution,
we hereby amend Appendix G to Part IV, South Carolina
Appellate Court Rules, as set forth in the attachment to this
amendments are effective immediately.
H. Waller, Jr. J., Costa M. Pleicones J., Donald W. Beatty
J., John W. Kittredge J.
FOR THE COMMISSION ON ALTERNATIVE DISPUTE RESOLUTION
SOUTH CAROLINA BOARD OF ARBITRATOR AND MEDIATOR CERTIFICATION
Decertification, Discipline and Processing of Complaints of
8. If probable cause exists and the matter cannot otherwise
be resolved, the Board shall notify the Commission Chair who
shall appoint three (3) members of the Commission, who have
not been involved previously in the matter, as a Hearing
Panel. Neither the Chair of the Commission nor the members of
the Board shall participate as members of the Hearing Panel.
The Commission Chair shall designate one member as Chair of
the Hearing Panel. The Hearing Panel shall schedule a hearing
in accordance with the ADR Rules and these Regulations. The
Hearing Panel may petition the Supreme Court to temporarily
suspend a neutral's certification pending outcome of the
hearing. Counsel shall prosecute the matter.
9. In matters of decertification, discipline and processing
of complaints, three (3) members of the Board or the Hearing
Panel shall constitute a quorum. In the event that members of
the Board or Hearing Panel disqualify themselves in a pending
matter leaving less than a quorum, the Commission Chair shall
appoint ad hoc members to restore the Board or Hearing Panel
to full membership in that matter. Decisions and
recommendations shall be by majority vote.
10. Access to Disciplinary Information.
a. Except as otherwise provided in the ADR Rules and these
Regulations or ordered by the Supreme Court, all complaints,
proceedings, records, information or orders relating to an
allegation of misconduct shall be confidential and shall not
be disclosed to the public. While the matter remains
confidential, the members of the Board, the ADR Commission,
the staff of the Commission, the members of the Supreme Court
and the staff of the Supreme Court shall not in any way
reveal the existence of the complaint except to persons
directly involved in the matter and then only to the extent
necessary for the proper disposition of the matter. A
violation of this provision may be punished as a contempt of
the Supreme Court.
b.When charges are filed regarding allegations of misconduct,
the charges and any answer shall become public 30 days after
a hearing panel is appointed. Thereafter, except as otherwise
provided in the ADR Rules and these Regulations or by the
Supreme Court, all subsequent records and proceedings
relating to the misconduct allegations shall be open to the
public inclusive of any sanction imposed after the filing of
charges. If allegations of incapacity are raised during the