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Local Civil Rules for US District Court District of SC

16.12: Mediator Certification and Decertification

The clerk of court may receive applications for certifications of persons to serve as mediators. Approval shall require the consent of at least one district judge. The application shall be on a form approved by the clerk of court. For certification, a person must:

(A) Be admitted to practice law in this state, in the highest court of another state, or of the District of Columbia and meet the following qualifications:

(1) Have practiced law for at least five (5) years.

(2) Have received a juris doctorate degree or its equivalent from a law school approved by the American Bar Association or the South Carolina Supreme Court under Rule 402(c)(3), South Carolina Appellate Court Rules, as now in force or as hereafter modified.

(3) Be a member in good standing in each jurisdiction where he or she is admitted to practice law.

(4) Not have been, within the last five (5) years:
(a) Disbarred or suspended from the practice of law.
(b) Denied admission to a bar for character or ethical reasons.
(c) Publicly reprimanded or publicly disciplined for professional conduct.

(5) If not a member of the South Carolina Bar, agree to be subject to the Rules of Professional Conduct, Rule 407, South Carolina Appellate Court Rules, as now in force or as hereafter modified; to the Rules for Lawyer Disciplinary Enforcement Rule 413, South Carolina Appellate Court Rules, as now in force or as hereafter modified; and/or Local Civ. Rule 83 (D.S.C.), to the same extent as an active member of the South Carolina Bar practicing before this court.
(B) Have completed a civil mediation training program approved by the South Carolina Supreme Court or its designee, or this district court, or any other equivalent training program or experience.
(C) Demonstrate familiarity with the statutes, rules, and practice governing mediation conferences in the District of South Carolina.
(D) Be of good moral character and adhere to any ethical standards applicable to attorneys or mediators practicing before this court or in the courts of the State of South Carolina.12
(E) Pay any administrative fees established for mediators by the District of South Carolina.
(F) Agree to provide mediation to indigents without pay (or with pro rata reduction in fees to be paid if fewer than all parties are indigent). It is the duty of every person approved as a mediator to notify the clerk of court of any change in his or her ability to satisfy all requirements for mediators set forth above. Certification may be revoked or not renewed at any time it is shown to the satisfaction of the chief judge that a mediator no longer meets the above qualifications or has not faithfully observed these rules.