Effective January 1, 2008 all civil cases filed within Beaufort County must submit to an Alternative Dispute Resolution Process unless otherwise exempt.
You may refer to the South Carolina Judicial Department web site (www.sccourts.org) to obtain further information regarding this process.
You are required to take the following action(s):
- The parties shall select a neutral and file a "Proof of ADR" form on or by the 210th day of the filing of this action. If the parties have not selected a neutral within 210 days, the Clerk of Court shall then appoint a primary and secondary mediator from the current roster on a rotating basis from among those mediators agreeing to accept cases in the county in which the action has been filed.
- The initial ADR conference must be held within 300 days after the filing of the action.
- Pre-suit medical malpractice mediations required by S.C. Code 15-79-125 shall be held no later than 120 days after all defendants are served with the "Notice of Intent to File Suit" or as the court directs. (Medical malpractice mediation is mandatory statewide.)
- Cases are exempt from ADR only upon the following grounds:
- Special proceeding, or actions seeking extraordinary relief such as mandamus, habeas corpus, or prohibition;
- Requests for temporary relief;
- Post Conviction Relief matters;
- Contempt of Court proceeds;
- Forfeiture proceedings brought by governmental entities;
- Mortgage foreclosures; and
- Cases that have been previously subjected to an ADR conference, unless otherwise required by Rule 3 or by statute.
- In cases not subject to ADR, the Chief Judge for Administrative Purposes, upon the motion of the court or of any party, may order a case to mediation.
- Motion of a party to be exempt from payment of neutral fees due to indigency should be filed with the Court within ten (10) days after the ADR conference has been concluded.
PLEASE NOTE: You must comply with the Supreme Court Rules regarding ADR. Failure to do so may affect your case or may result in sanctions.