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Table of State Neutral Compensation Rules and Statutes (Aug 13, 2026)
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By: Elan E. Weinreb, Esq., Managing Member, The Weinreb Law Firm, PLLC - Note: Google Chrome or Microsoft Edge are preferred browsers.
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StateStatute CitationCompensation Amount or DetailsCommentsResearch Contributors
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AlabamaAlabama Rules of Appellate Mediation Rule 4(f)

and
Ala. Civil Court Mediation R. 15(a)-(c)

and
Ala. R. App. P. 55 (authorizing appellate mediation program)		For Civil Appellate Mediation: "Agreement of Parties but with No Court Involvement, and No Court Enforcement" - Ala. R. App. Mediation 4(f): "(f) Fees and Expenses. The parties shall mutually agree on the fees of the mediator selected by them. If a mediator is appointed, the mediator's fee and incidental expenses shall be shared equally between the parties, unless otherwise determined by the final mediation agreement. The mediator may require an advance deposit covering the estimated cost of mediation, but in any event, arrangements for payment of the cost of mediation and incidental expenses must be coordinated directly with the mediator. Attorneys for each party shall see to prompt payment of the fees and expenses. If satisfactory arrangements for compensation cannot be made, then the parties shall so advise the appellate mediation office, and the appellate mediation administrator will name another mediator."

IMPORTANT - NO JUDICIAL ENFORCEMENT OF NEUTRAL COMPENSATION: Ala. R. App. Mediation 4(g) provides: "(g) Billings to Parties. The mediator shall bill the parties based upon the rates and terms agreed to by the mediator and parties. It is not necessary to send copies of fee agreements or billings to the appellate mediation office. The parties are solely responsible for any billings by the mediator. It is highly recommended that the private mediator fully disclose and explain to the parties the basis of compensation, fees, and charges to the parties in advance of the mediation and that the fee arrangement be memorialized in a written contract. Such disclosures and explanations usually include: (1) The basis for and amount of any charges for services to be rendered, including minimum fees and travel time; (2) The amount charged for the postponement or cancellation of mediation sessions and the circumstances under which such charges will be assessed or waived; (3) The basis and amount of charges for any other items; and (4) The parties' pro rata share of mediation fees and costs if the parties have previously agreed to share those fees and costs. Neither the appellate court nor the appellate mediation office will aid in the enforcement of the terms and conditions of the contract, including the collection of any outstanding fees, costs, and expenses."

For Civil Trial Mediation: "Reasonable Compensation Plus Deposits" - Ala. Civil Court Mediation R. 15: "(a) Expenses. The expenses of a witness for a party shall be paid by the party producing the witness. All other expenses of the mediation, including necessary travel and other expenses of the mediator, the expenses of any witnesses called by the mediator and the cost of any evidence or expert advice produced at the direct request of the mediator, shall be borne equally by the parties unless the parties agree otherwise, or unless the court directs otherwise. (b) Mediator's Fee. A mediator shall be compensated at a reasonable rate, agreed to by the parties, or as set by the court. The mediator's fee shall be borne equally by the parties, unless they agree otherwise, or unless the court directs otherwise pursuant to Rule 2. (c) Deposits. Before the mediation process begins, each party to the process shall deposit with the mediator such an amount of the anticipated expenses and fees as the court shall direct or the mediator reasonably requires. When the mediation process has been terminated, the mediator shall render an accounting, requiring payment of additional expenses and fees by the appropriate parties, or returning any unexpended balance to the appropriate parties."

Note on rule hierarchy: Ala. R. App. Mediation 9(c) provides that "[i]f no procedure is specifically provided in these Rules or by statute, the Alabama Civil Court Mediation Rules shall be applicable to the extent not inconsistent herewith."		Alabama does not appear to have court-annexed arbitration. Arbitration is governed generally by Ala. Code § 6-6-1 et seq.; Alabama has not adopted the Revised Uniform Arbitration Act.

Alabama appellate mediators must serve pro bono on two cases per year upon request of the court. Ala. R. App. Mediation 4(h): "Pro Bono Mediators. Upon request from the court, all appellate mediators must mediate two cases each year for which they will not be paid." This pro bono commitment is a precondition of roster eligibility - both former appellate justices/judges (Rule 4(a)(1)(A)(3)) and attorneys (Rule 4(a)(1)(B)(4)) must agree to serve pro bono pursuant to Rule 4(h) in order to be placed on the Appellate Mediator Roster, and Form 1 (Mediator Application) requires the applicant to sign the affirmation "I agree to mediate pro bono two cases each year."

A party may seek relief from mediator fees by filing a Motion for Waiver of Mediator's Fees (Form 9) with a supporting Affidavit of Substantial Hardship (Form 9A) before a mediator is appointed. Rule 4(h)(1) provides that "[o]nly valid reasons for the waiver of mediation fees, such as undue financial hardship, will be considered." Pro bono appointments are memorialized in an Order Appointing Pro Bono Mediator (Form 10).

Alabama is thus a hybrid: mediator compensation is set purely by private agreement, the courts expressly disclaim any role in collecting it (Rule 4(g)), and a fixed annual quantum of uncompensated service is extracted as the price of roster admission.		Federica
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AlaskaAlaska Rule of Civ. Proc. 100(b)(3)
and
Alaska Rule of Prob. Proc. 4.5(b)(3)
For civil mediation or early neutral evaluation (that's found in Rule 100(i)), fees are by agreement of the parties subject to allocation by the Court - "(b) Order. An order of mediation must state: . . . (3) that the costs of mediation are to be borne equally by the parties unless the court apportions the costs differently between the parties."

For probate mediation or early neutral evaluation (that's found in Rule 4.5(j)), the compensation scheme is as above but restricts the use of estate funds to pay for mediation - "(b) . . . (3) that the costs of mediation are to be borne equally by the interested persons unless the court apportions the costs differently; estate funds may be used to pay the costs of mediation only upon order of the court or agreement of all persons whose interests would be affected by payment from the estate"		Alaska has an attorney-client fee dispute arbitration program that provides for arbitrator compensation in complex cases, including but not limited to any case where the amount-in-controversy is over $50,000. However, estimates of fees must be provided for in advance. See https://alaskabar.org/for-the-public/attorney-fee-disputes/faqs-fee-arbitration/

Alaska does not appear to have court-ordered mediation for civil disputes as initiated by the court (i.e., sua sponte court-ordered mediation). Rather, an application for mediation must be made by one of the parties to a dispute. See Alaska Rule of Civil Procedure 100(a). Likewise, arbitration of general civil disputes does not appear to be mandatory. See id. Rule 100(i)(2).

See also Alaska Court System - Mediation - Frequently Asked Questions - "How much does mediation cost? Under Civil Rule 100 and Probate Rule 4.5, if the court orders private mediation, the parties share the cost of mediation unless the judge orders otherwise. When you mediate and it isn't court ordered, you decide how to share the cost. The court offers low-cost mediation in a variety of cases, including divorce with children, child custody, minor guardianships, adult guardianships, and Child in Need of Aid."		Federica
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Dorothy
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ArizonaAriz. Rev. Stats. § 12-133(G)
and
Ariz. Rev. Stats. 12-134
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Ariz. R. Civ. P. 72-77 (compulsory arbitration; arbitrator compensation)
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Ariz. R. Fam. L. Proc. 67.3(f)		For Non-Binding Mandatory Arbitration of Cases in Superior Court Having an Amount-in-Controversy of $65,000 or Less: Reasonable Per Diem Compensation Capped at $140 Per Day and Determined by Each Individual Court But Paid by Individual Counties, Not the Parties - "G. Each arbitrator shall be paid a reasonable sum, not to exceed one hundred forty dollars per day, to be specified by the rules of the appointing court, for each day necessarily expended by the arbitrator in the hearing and determination of the case. The compensation of the arbitrators shall be paid by the county, in which the court has jurisdiction, from its general revenues and shall not be taxed as costs."

Implementing Rule (Ariz. R. Civ. P. 72-77 series): "Arbitrator's Compensation. An arbitrator assigned to an action under these rules is entitled to receive as compensation for services a fee not to exceed the amount allowed by A.R.S. § 12-133(G) per day for each day, or part of a day, necessarily expended in hearing the action. For this rule's purposes, 'hearing' means any fact-finding proceeding or oral argument resulting in the filing of an award, or at which the parties agree to settle and stipulate to the action's dismissal. The fee to be paid in each county must be decided by a majority vote of the judges in that county. The amount must be incorporated into a superior court order that is filed with the Supreme Court clerk, with a copy filed with the clerk in that county. When more than one action arising out of the same transaction is heard at the same hearing or hearings, it will be considered as one action for purposes of compensating the arbitrator."

For Mediation Generally: Specific Neutral Compensation Rates Are Not Set, But Courts Are Empowered to Charge Fees for the Administration of ADR Programs - "12-134. Mediation; fee. A. A court may refer cases to mediation and other alternative dispute resolution procedures to promote the resolution of cases filed in the court. B. The board of supervisors in each county, in cooperation with the presiding judge of the superior court in the county, may establish a reasonable fee for alternative dispute resolution services provided by the court in the county. If a judicial officer provides the alternative dispute resolution services, a fee shall not be imposed."

For Mediation in Family Law Cases Where Reference to a Private Mediator Is Made by the Court: Mediator Determines His/Her Financial Destiny Via Negotiated Agreement With the Parties and Without Court Involvement - "(f) Payment for a Private Mediator's Services. The parties must contract directly with a private mediator and be responsible for payment of the mediator's fees. Unless the parties agree or the court orders otherwise, the cost of mediation must be shared equally by the parties."		Non-binding arbitration of civil disputes in Arizona Superior Courts can be waived by the parties, but there must also be an additional showing of "good cause" for this to happen. See Ariz. Rev. Stats. § 12-133(B).

While Arizona courts can require parties to attend court-administered mediation conferences in family law cases, they do not have the power to compel them to actively participate in mediation (and this principle would likely carry over to mediation in other contexts as well). As such, mediation is strongly "encouraged" in Arizona, but unlike arbitration, not compulsory. See generally Ariz. R. Fam. L. Proc. 67.3(a) ("(a) Generally. Private mediation is a voluntary and confidential process in which parties confer with a neutral mediator to help them resolve the dispute. The parties may retain a private mediator under Rule 67.3(d), or a private mediator may be selected by the court under Rule 67.3(e). Although the court may order a party to appear for a mediation conference, participation in mediation is voluntary.").

However, as noted in the left columns, once a private mediator is selected by an Arizona court, there is a clear statutory mandate for mediators to be compensated based on negotiated agreement.

FASTAR - A COUNTY-LEVEL OPT-OUT FROM THE STATUTORY COMPENSATION SCHEME: Pima County's Fast Trial and Alternative Resolution ("FASTAR") pilot program displaced A.R.S. § 12-133 compulsory arbitration in that county. In Duff v. Honorable Kenneth Lee, the Arizona Supreme Court affirmed the denial of a plaintiff's motion to compel § 12-133 arbitration, holding that no conflict exists between the statute and the Court's orders and rules establishing FASTAR, and rejecting the argument that FASTAR was unconstitutional as applied because it denied the right to a trial de novo and appeal following arbitration. The significance for this Table is that a state supreme court permitted a single county to displace a statewide statutory scheme that guarantees arbitrators a per diem, without legislative amendment.
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ArkansasArk. Code Ann. § 16-108-221(d)
and
Ark. Code Ann. § 16-7-104(1)(3)(A) and
Ark. Code Ann. § 16-7-202(b), (d)
and
Ark. ADR Commission Requirements
for the Conduct of Mediation
and Mediators Standard 9		For Arbitration by Prior Agreement of the Parties: Arbitrator Determines His/Her Financial Destiny - "16-108-221. Remedies -- Fees and expenses of arbitration proceeding. . . . (d) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award."

For Mediation of Civil Cases: Agreement of the Parties But Courts Will Not Intervene to Determine the Amount of Neutral Compensation - "16-7-104. Powers and duties of [Arkansas ADR] [C]ommission. . . . The Arkansas Alternative Dispute Resolution Commission shall have the authority and responsibility to: . . . (3)(A) Establish standards and rules for the certification, professional conduct, discipline, and training of persons who shall be eligible and qualified to serve as compensated mediators, negotiators, conciliators, arbitrators, or other alternative dispute resolution neutrals in and for state and local courts."

"16-7-202. Duty and authority of the courts. . . . (b) . . . [E]ach circuit and appellate court of this state is vested with the authority to order any civil, juvenile, probate, or domestic relations case or controversy pending before it to mediation. . . . (d) (1) A party may move to dispense with the order to mediate for good cause shown. (2) For purposes of this subsection, “good cause shown” shall include, but not be limited to, a party's inability to pay the costs of mediation."

"STANDARD 9. FEES AND EXPENSES; PRO BONO SERVICE - A. General Requirements. A mediator occupies a position of trust with respect to the parties and the court system. In charging for services and expenses, the mediator shall be governed by the same high standards of honor and integrity that apply to all other phases of the mediator’s work. A mediator shall be scrupulous and honest in billing and should avoid charging excessive fees and expenses for mediation services. B. Records. A mediator shall maintain adequate records to support charges for services and expenses and shall make an accounting to the parties or to the court upon request. C. Referrals. No commissions, rebates, or similar remuneration shall be given to or received by a mediator for referral of persons for mediation or related services. D. Contingent Fees. A mediator shall not charge or accept a contingent fee or base a fee in any manner on the outcome of the mediation process. E. Minimum Fees. A mediator may specify in advance minimum charges for scheduling or conducting a mediation session without violating this Standard. F. Disclosure of Fees. When a mediator is contacted directly by the parties for mediation services, the mediator has a professional responsibility to respond to questions regarding fees by providing a copy of the basis for charges including all fees and expenses. G. Pro Bono Service. Mediators are encouraged to meet the needs of those unable to pay for their services by offering their services pro bono or at a reduced rate of compensation whenever appropriate."		Arkansas is a presumptive ADR state when it comes to mediation of civil cases but is also a "hands off" state when it comes to mediator compensation. This means that it is up to the parties and their mediator to arrange for compensation, save for a case where a party demonstrates inability to pay. In such a case, as a matter of law, mediation can no longer be mandated by the court.

The net effect of this statutory scheme is to elevate the issue of compensation into a "game killer" when it comes to proceeding with court-annexed/ordered mediation even though the scheme also establishes an implied presumption of fair neutral compensation (i.e., a default expectation that neutrals are to be compensated for their services). Specifically, a party who or which is unable to pay (which can easily translate into "does not want to pay") for mediation services can take an initial "no pay is going to the mediator" position, and by so doing, torpedo the mediation process even before it gets off the ground. At the same time, people who would take such a position not out of indigency but out of malice probably will not mediate in good faith such that the time of all involved in the mediation process would be wasted.

While arguably not perfect for maintaining a system of mandatory mediation, at least Arkansas' statutory scheme does not require mediators to work for free, which is the case in "free time" presumptive ADR systems such as those of California and New York. While it is true that the Arkansas ADR Commission - the state agency responsible for ADR operations in the courts - encourages pro bono or "low bono"/reduced rate service (see Requirements for the Conduct of Mediation and Mediators Standard 9(G) in the column to the left), it also is the case that charging minimum fees is explicitly permitted under Standard 9(E). In summary, Arkansas is a state that does not subscribe to mediator slavery.

Administrative context: The Arkansas ADR Commission is a seven-member body housed within the Arkansas Judiciary. Mediators eligible to receive referrals from Arkansas circuit courts must be certified by the Commission, must complete six hours of continuing mediation education annually to renew certification, and are placed on a Roster of Certified Mediators that is furnished to every circuit judge in the state. Certification categories track the divisions of circuit court: civil, probate, domestic relations, and juvenile. Mediators who are not Commission-certified are not subject to the Commission's ethical rules or disciplinary process, and parties using them have no recourse through the Commission.
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CaliforniaCODE OF CIVIL PROCEDURE - CCP PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE - TITLE 3. OF SUMMARY PROCEEDINGS - SECTION 1141.18(b)

and

CODE OF CIVIL PROCEDURE - CCP PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE - TITLE 11.6. CIVIL ACTION MEDIATION - SECTION 1775.8(a)
and
Cal. Code Civ. Proc. § 1141.11(a) (arbitration threshold)
and

Cal. Code Civ. Proc. § 1775.5 (mediation threshold)
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Cal. R. Ct. 10.781(b)-(d) 		Jurisdictional thresholds: § 1141.11(a) - "In each superior court with 18 or more judges, all nonexempt unlimited civil cases shall be submitted to arbitration under this chapter if the amount in controversy, in the opinion of the court, will not exceed fifty thousand dollars ($50,000) for each plaintiff." § 1775.5 - "The court shall not order a case into mediation where the amount in controversy exceeds fifty thousand dollars ($50,000)."

For Arbitrators - Left up to Judicial Council rules after certain minimum thresholds are met - § 1141.18(b): "The Judicial Council rules shall provide for the compensation, if any, of arbitrators. Compensation for arbitrators may not be less than one hundred fifty dollars ($150) per case, or one hundred fifty dollars ($150) per day, whichever is greater. A superior court may set a higher level of compensation for that court. Arbitrators may waive compensation in whole or in part. No compensation shall be paid before the filing of the award by the arbitrator, or before the settlement of the case by the parties." Note also § 1141.18(a): "A judge may also serve as an arbitrator without compensation."

For Mediators - § 1775.8(a): "The compensation of court-appointed mediators shall be the same as the compensation of arbitrators pursuant to Section 1141.18, except that no compensation shall be paid prior to the filing of a statement of nonagreement by the mediator pursuant to Section 1775.9 or prior to settlement of the action by the parties."

THE FUNDING PROBLEM, STATED IN THE STATUTE ITSELF - § 1775.8(b): "All administrative costs of mediation, including compensation of mediators, shall be paid in the same manner as for arbitration pursuant to Section 1141.28. Funds allocated for the payment of arbitrators under the judicial arbitration program shall be equally available for the payment of mediators under this title." In other words, California created no separate appropriation for mediator compensation; mediators draw from the same pool as arbitrators.

Roster conditions - Cal. R. Ct. 10.781(c): "In order to be included on a court list of ADR neutrals, an ADR neutral must sign a statement or certificate agreeing to: (1) Comply with all applicable ethics requirements and rules of court; and (2) Serve as an ADR neutral on a pro bono or modest-means basis in at least one case per year, not to exceed eight hours, if requested by the court. The court must establish the eligibility requirements for litigants to receive, and the application process for them to request, ADR services on a pro bono or modest-means basis."

Rule 10.781(b)(3) further requires that any court list of ADR neutrals disclose "[t]he fees charged by the neutral for each type of service."

Rule 10.781(d): "Inclusion on a court list of ADR neutrals and eligibility to be recommended, appointed, or compensated by the court to serve as a neutral are privileges that are revocable and confer no vested right on the neutral."

IMPORTANT NOTE: While §§ 1141.18 and 1775.8 remain "on the books" in California, they are not followed in practice, such that California is effectively a "free time" state. See the "Comments" column for more information.		The Judicial Council is the policymaking body of the California courts. Under the leadership of the Chief Justice and in accordance with the California Constitution, it is responsible for ensuring the consistent, independent, impartial, and accessible administration of justice. (https://courts.ca.gov/about-california-courts/judicial-council)

Some courts, such as the Alameda County Superior Court, provide for free time (2 hours), after which mediators can charge their regular fees, and permit mediators to request a refundable deposit. [VERIFY - the previously cited apps2.alameda.courts.ca.gov URL is dead; re-source from the current Alameda County Superior Court ADR page] How this historically and practically squares with the $150 minimum in § 1141.18(b) is explained in Charles B. Parselle, "Gresham's Law: The Mediation Paradox," Mediate.com (March 2005). Short answer: California ran out of money to compensate mediators - and note the phrase "if any" concerning compensation in § 1141.18(b), which the Legislature built in from the start.

Other courts, such as the San Diego County Superior Court, provide for mediator compensation from a mediation session's commencement at a set rate of $150 per hour for two hours in limited civil cases (i.e., generally where the amount-in-controversy is <= $35,000 - see Cal. Code Civ. Proc. §§ 85-86) and $250 for two hours in unlimited civil cases, whereupon mediators receive their regular hourly rate thereafter for court-referred mediations.

See also Cal. R. Ct. 10.781(c)(2), requiring court-related ADR neutrals to serve on a pro bono or "modest-means" basis in at least one case per year, not to exceed eight hours, if requested by the court. (https://courts.ca.gov/cms/rules/index/ten/rule10_781) Rule 10.781 was last amended effective January 1, 2016; it was adopted as former rule 1580.1 effective January 1, 2001 and renumbered effective January 1, 2007. The implication of subdivision (c)(2) is to establish a default expectation of compensation, with a bounded carve-out - which is a materially more neutral-protective structure than New York's open-ended "free time" thresholds.		Dorothy
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ColoradoCombination of Colo. Rev. Stat. § 13-22-303, Colo. Rev. Stat. § 13-22-305(3), Colo. Rev. Stat. § 13-22-313, Colo. Rev. Stat. § 13-22-310 (Dispute Resolution Fund)
and
Order of the Chief Justice, Fee Schedule for Dispute Resolution Services Provided by the
Office of Dispute Resolution Independent Contractors (Boatright, C.J., signed Mar. 6, 2023,
effective Feb. 2023) (superseding the 2018 fee order)		Enabling statute leaving the amount of compensation to be fixed by order of the Supreme Court, with the Office of Dispute Resolution then contracting privately with neutrals at set reduced rates - § 13-22-303: "There is hereby established in the judicial department the office of dispute resolution, the head of which shall be the director of the office of dispute resolution, who shall be appointed by the chief justice of the supreme court and who shall receive such compensation as determined by the chief justice."

§ 13-22-305(3): "Each party who uses the mediation services or ancillary forms of alternative dispute resolution in section 13-22-313 of the office of dispute resolution shall pay a fee as prescribed by order of the supreme court. Fees shall be set at a level necessary to cover the reasonable and necessary expenses of operating the program. Any fee may be waived at the discretion of the director. The fees established in this part 3 shall be transmitted to the state treasurer, who shall credit the same to the dispute resolution fund created in section 13-22-310."

CURRENT FEE SCHEDULE - Order of the Chief Justice (Boatright, C.J., signed March 6, 2023, effective February 2023). The Order applies to "e-ODR Services, in-person or tele-conference mediation, early neutral case evaluation and assessment, settlement conference, arbitration, med-arb, parenting coordination, parental decision-making, family group conferencing, family group decision-making, mini-trials, summary jury trials, and any other ancillary forms of alternative dispute resolution, including restorative justice practices":

e-ODR Services through ODR's online platform (small claims, county or district court):
- For parties: no charge
- For the ODR independent contractor: $100 per hour for mediation services (PAID BY THE STATE OF COLORADO)

In-Person or via Teleconference:
I. District Court Civil (including probate, domestic relations, and juvenile):
- $75 per party per hour
- One Day Jury Trial process: $800 for the neutral (per case, split between the parties)
- $80 per hour for Early Neutral Assessment services (paid by the State of Colorado)
II. County Court Civil:
- $30 per party per hour for small claims cases
- $50 per party per hour (all other county court civil)

Fees for services provided to government agencies: $75 per party per hour

Reduced Fees upon an Indigency Determination (all court and case types):
- For parties: $15 per party per hour
- For the ODR independent contractor: $40 per party per hour (paid by the State of Colorado upon proof of acceptable indigency proof presented by the contract neutral)

Senior Judge Program: "When services are provided by senior judges being paid from the Senior Judge Program, the hourly fees are waived."

Late Cancellations or No-Shows: "A party may be charged up to two hours for services for late cancellations (less than seven calendar days' notice) prior to the dispute resolution session, or if a party fails to appear for a scheduled appointment."

Full Fee Waivers: "The ODR Director may grant full or partial fee waivers pursuant to Section 13-22-305(3) C.R.S., in his or her discretion based upon need, factors of the case, ability to pay, and program fund availability."

KEY STRUCTURAL POINT: Colorado is one of the few states in which the STATE ITSELF pays the neutral in defined categories - $100/hr. for online mediation, $80/hr. for early neutral assessment, and $40 per party per hour in indigency cases - rather than leaving an indigent party's share uncompensated. The neutral is not asked to absorb the indigency discount; the State absorbs it.		The Colorado Office of Dispute Resolution ("ODR") was created by the Colorado Dispute Resolution Act in 1983. ODR operates through 60+ contract neutrals (mediators and other dispute resolution professionals) and provides services across the state, ensuring the availability of qualified, trained dispute resolution professionals in every judicial district in Colorado and ensuring access to services for indigent parties. ODR compensates neutrals even in SMALL CLAIMS cases ($30 per party per hour).

Note on roster access: as of this writing, the ODR contract mediator RFQ is closed; ODR has announced it will reopen the RFQ in late summer/early fall 2027 for inclusion on the roster effective July 1, 2028, absent a specific need for mediators with particular topic-area or language expertise. A minimum of 40 hours of basic mediation skills training is a prerequisite to consideration.

Fee reduction is applied for by the party, not absorbed by the neutral. See Form JDF 211 (Reduced Fee Application) and Chief Justice Directive 98-01 (income guidelines).		Dorothy
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ConnecticutConn. Gen. Stats. § 52-407uu(d)
and
Conn. Gen. Stats. § 52-549w(b)
and
Conn. Gen. Stats. § 52-549p(b)
and
Conn. Gen. Stats. § 52-235(c)
and
Conn. Gen. Stats. § 52-190(c)(c)		For Arbitration of Cases Where Amount-in-Controversy is Greater Than $50,000: Arbitrator Determines His/Her Compensation Destiny - "Sec. 52-407uu. Remedies, fees and expenses of arbitration proceeding. . . . (d) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award."

For Arbitration of Jury Cases Where Amount-in-Controversy is Less Than $50,000 and a Certificate of Closed Pleadings Has Been Filed: $100 Per Day Plus $25 for Each Filed Decision Plus $200 Allowance in Difficult or Extraordinary Cases - "(b) Each arbitrator shall receive one hundred dollars for each day he is assigned to a courthouse facility to conduct proceedings as an arbitrator and an additional twenty-five dollars for each decision filed with the court. In difficult or extraordinary cases, the Chief Court Administrator may, in his discretion, make a further allowance not to exceed two hundred dollars for services rendered attendant to but not part of the hearing."

For Fact-Finding in Contract Cases Involving Money Damages Only, Less Than $50,000, Not Involving Uninsured/Underinsured Motorists, and a Certificate of Closed Pleadings Has Been Filed: $100 Per Day Plus $25 for Each Filed Finding of Fact Plus $200 Allowance in Difficult or Extraordinary Cases - "(b) Each fact-finder shall receive one hundred dollars for each day he is assigned to a courthouse facility to conduct hearings as a fact-finder, and an additional twenty-five dollars for each finding of fact filed with the court. In difficult or extraordinary cases the Chief Court Administrator may, in his discretion, make a further allowance not to exceed two hundred dollars for services rendered attendant to but not part of the hearing."

Almost every other type of general civil ADR (see "Comments" column to the right) in Connecticut, including but not limited to mediation, is controlled by a statute that requires the parties to stipulate to the use of ADR processes and PROHIBITS court involvement in the operation of ADR programs (which would include the determination of neutral compensation issues). "Sec. 52-235c. Referral to alternative dispute resolution program. Stay of proceedings in court. The court may, upon stipulation of the parties, refer a civil action to an alternative dispute resolution program agreed to by the parties. The court shall not in any way impact or influence the alternative dispute resolution program selected by the parties. The court shall set a time limit on the duration of the referral, which shall not exceed ninety days. Such referral shall stay the time periods within which all further pleadings, motions, requests, discovery and other procedures must be filed or undertaken until such time as the alternative dispute resolution process is completed or the time period set by the court has elapsed, whichever occurs sooner."

For Mediation Sessions Other Than the First (which are conducted by sitting judges) in Negligence Actions Against Health Care Providers: Mediator Determines His/Her Compensation Destiny Except for Apportionment of Fees - "If the action is not resolved at the first mediation session and the parties agree to further mediation, the presiding judge of such civil session shall refer the action for mediation before an attorney who has experience as an attorney related to such civil actions and who has been a member of the bar of the state of Connecticut for at least five years. Upon such referral, mediation shall begin as soon as practicable, but not later than twenty business days after the referral. Fifty per cent of the cost of such mediation shall be paid by the plaintiffs, and fifty per cent of the cost of such mediation shall be apportioned among all defendants who are parties to the mediation."
NOTE ON STALENESS OF THE STATUTORY RATES: The $100/day, $25/decision, and $200 extraordinary-allowance figures in §§ 52-549p(b) and 52-549w(b) derive from P.A. 82-441, effective July 1, 1983, and have never been increased in the more than four decades since. A fact-finder or arbitrator sitting a full day in a Connecticut courthouse today receives the same nominal compensation as one sitting in 1983. Connecticut therefore illustrates a distinct failure mode from the "free time" states: the compensation right exists and is statutory, but has been allowed to erode to a fraction of its original real value through simple legislative inaction.

See also Conn. Gen. Stat. § 52-549t(b), which permits the court, where all parties fail to appear before a fact-finder, to order "the payment by any party to the court of an amount not greater than one hundred dollars."		Connecticut's judiciary has an informative webpage summarizing all court-sponsored/court-affiliated ADR programs in the state. However, a review of this webpage—and particularly the recurring phrase "Can be used for"—establishes that Connecticut DOES NOT OFFER PRESUMPTIVE OR MANDATORY ADR such these programs are completely voluntary in nature. As such, with the exception of arbitrations discussed in the columns to the left over which courts can order arbitration and some very limited cases such as negligence actions brought against healthcare providers (Conn. Gen. Stats. § 52-190(c)) in which mediation is mandated by statute, there is no need for neutral compensation statutes in Connecticut with respect to general civil disputes.

Connecticut's "Judicial Branch does not maintain rosters or endorse any particular ADR provider." This also makes establishing a general neutral compensation scheme difficult beyond arbitration and those limited areas in which mediation is mandated.		Anwi Gudivada
11
Delaware10 Del. Code § 546(e)
and
Del. Superior Ct. R. Civ. P. 16.1(j)
and
10 Del. Code § 1324
and
Del. Ct. Common Pleas Civ. R. 16(a)(5)
and
Del. Ct. Ch. R. 174 (as amended eff. June 14, 2024)
and
Del. Ct. Ch. R. 174.1 (Mandatory Mediation for Adult Guardianship Matters and Probate Disputes)
and
Del. Ct. Ch. R. 93-95
and
10 Del. Code §§ 5801-12 (Delaware Rapid Arbitration Act)		"§ 546. Mediation and arbitration proceedings for business disputes. . . . (e) This section is intended to encourage the resolution of business disputes by means of arbitration and mediation. The Superior Court should interpret its rule-making authority broadly to effectuate that intention."

For Arbitration of Most Civil Cases in Superior Court Where $50K or Less Is Contested: Reasonable Rate and Payment Enforced by Court - "(j) Compensation. (1) Unless otherwise stipulated in advance by the parties, the arbitrator appointed, except nonretired members of the State Judiciary, shall receive compensation from the parties for services for a minimum of three (3) hours of hearing time at a reasonable rate set by the arbitrator. Each party shall pay that party’s share of the total MNA [Mandatory Non-Binding Arbitration] fee in advance of the hearing. It is the obligation of each attorney, or any party appearing pro se, to timely pay any arbitrator’s fee when billed. Any attorney who refuses or neglects to pay the arbitrator’s fee, after second notice, may be subject to a loss of civil case filing privileges. (See Civil Rule 77(h)(E)). (2) An arbitrator who certifies that he or she has performed services in excess of three (3) hours may receive additional compensation from the parties for such additional time, provided that the arbitrator provides the terms for additional compensation to the parties in writing in advance of the hearing and all parties agree to those terms. Fee agreements will be enforced by the Court upon a Motion filed by the arbitrator."

For Mediation of Business Cases in Superior Court Where $100K or More Is Contested: Court-Appointed Mediator Receives $150 Per Hour with a Two-Hour Minimum - "(f) Compensation for Mediation. -- The Court will be compensated by the parties to the mediation in accordance with the schedule of fees maintained by the Prothonotary [a state official akin to a clerk]." That schedule, available here, provides: "When a Superior Court Commissioner serves as a mediator, the fee for mediation services shall be a minimum of two (2) hours at the rate of $150 per hour of hearing time. Each party shall pay the party's share to the Prothonotary within twenty (20) days of notice of the appointment of the Commissioner as a mediator. It is the obligation of each attorney, or any party appearing pro se, to timely pay the costs of ADR and any additional mediation fee when billed. The Court may impose sanctions against any party who fails to timely pay any fee required by this rule. The fee shall be deposited to the General Fund."

" § 1324. General powers of Court [of Common Pleas]. The Court shall have all the powers of a court of record possessed by the Superior Court of the State in the endorsement of its writs, rules, processes, the attendance of witnesses, the requiring of security for costs from nonresident plaintiffs, the production of documents, books and records and the production of all other necessary evidence." [Thus, whatever rule-making authority the Superior Court has is extended to the Court of Common Pleas].

For Arbitration, Mediation, and Other ADR Processes in a Wide Variety of Civil Cases: ADR Practictioner Determines His/Her Financial Destiny Supported by Court - "(5) The parties shall pay the ADR Practitioner in accordance with the allocation and amount of fees established by the ADR Practitioner and agreed to by the parties or ordered by the Court. The ADR Practitioner may apply to the Court for sanctions against any party who fails to comply with the terms of engagement established by the ADR Practitioner and agreed to by the parties including, but not limited to, dismissal of the action or default judgment."		Delaware's Court of Chancery has specialized mediation programs for technology (10 Del. Code § 346) and business disputes (10 Del. Code § 347), both of which can be addressed even pre-litigation by mediators who are court employees (Chancellors, Vice Chancellors, Magistrates in Chancery, etc.). These programs involve extraordinary fees paid to the Court rather than to an individual neutral, and are principally used by large corporations rather than individuals.

FEE INCREASE EFFECTIVE JUNE 14, 2024: On May 31, 2024, the Chancellor issued an order amending Court of Chancery Rules 1-6, 8, 9, 11-15, 23, 23.1, 79, 79.1, 79.2, and 174, effective June 14, 2024 (corrected order issued July 12, 2024). Among other things, the amendments "clarif[y] that fees for mediation, pursuant to Rules 93-95 and 174, apply to full and partial days and include time spent preparing for mediation and follow-up with the parties," and "increase[] the cost of mediation pursuant to Rule 174 for civil actions or trust matters." The first-day fee for the Court-sponsored mediation program - which had not changed since the program's inception - was increased from $5,000 to $15,000.

Per the Court of Chancery Mediation Guidelines (rev. 7/2023), where a Magistrate in Chancery is engaged, a fee of $5,000 per day is assessed.

Mandatory mediation in guardianship and probate matters is now governed by a separate rule, Ct. Ch. R. 174.1 ("Mandatory Mediation for Adult Guardianship Matters and Probate Disputes"), which provides that "[m]ediators shall be compensated for their services at a reasonable hourly rate. Mediators shall submit an application to the Court after the conclusion of mediation for their compensation. All fees and expenses relating to the use of mediators in cases referred to mediation shall be borne equally by the parties unless otherwise ordered by the court."

Finally, Delaware has a voluntary arbitration program, detailed in the Delaware Rapid Arbitration Act, 10 Del. Code § 5801-12, specifically dedicated to business entities and resolution of business disputes, that provides for arbitrator compensation but also FINANCIAL PENALTIES if arbitrators fail to issue awards in a timely manner. Section 5806(b) thus provides: "(b) Unless otherwise provided in an agreement, an arbitrator’s fees and expenses, together with other expenses incurred in the conduct of an arbitration, but not including counsel fees of parties to the arbitration, shall be borne as provided in a final award. Notwithstanding the foregoing, an arbitrator that fails to issue a final award in compliance with § 5808(b) of this title is not entitled to full payment of the arbitrator’s fees. The arbitrator’s fees must be reduced by 25% if the final award is less than 30 days late; the arbitrator’s fees must be reduced by 75% if the final award is between 30 and 60 days late; and the arbitrator’s fees must be reduced by 100% if the final award is more than 60 days late. Notwithstanding the foregoing sentence, upon petition by an arbitrator, the Court of Chancery may summarily determine, on clear and convincing evidence, that exceptional circumstances exist such that the reductions in the foregoing sentence should be modified or eliminated."

While complicated and detailed, Delaware's neutral compensation statutes and rules represent a strategic compromise: complicated cases are addressed by giving the parties the ability to resolve their disputes via experienced judges in exchange for the payment of relatively high fees paid to the judiciary. These fees, in turn, are used to fund training programs and other ADR initiatives, which might arguably include compensation of neutrals in less-complicated cases where indigent parties are involved.

Dorothy
Kaldi
&
Anwi Gudivada
12
FloridaTITLE V - CHAPTER 44 - MEDIATION ALTERNATIVES TO JUDICIAL ACTION - 44.108(2) - Funding of mediation and arbitration. -
and
Rule 10.380, Florida Rules for Certified and Court-Appointed mediators
and
Fla. Stat. § 44.106		Depends on case type (i.e., whether family law-based or limited civil dispute with varying amounts-in-controversy) and comes with a funding plan - Established either by statute or Rules of the Supreme Court of Florida -

"(2) When court-ordered mediation services are provided by a circuit court’s mediation program, the following fees, unless otherwise established in the General Appropriations Act, shall be collected by the clerk of court: (a) One-hundred twenty dollars per person per scheduled session in family mediation when the parties’ combined income is greater than $50,000, but less than $100,000 per year; (b) Sixty dollars per person per scheduled session in family mediation when the parties’ combined income is less than $50,000; or (c) Sixty dollars per person per scheduled session in county court cases involving an amount in controversy not exceeding $15,000.

No mediation fees shall be assessed under this subsection in residential eviction cases, against a party found to be indigent, or for any small claims action. Fees collected by the clerk of court pursuant to this section shall be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund to fund court-ordered mediation. . . . "

Rule 10.380 sets forth guidelines for mediators with respect to charging fees but does not specify any definite hourly, other time-based, or flat rate.

Funding mechanism - § 44.108(1): "Mediation and arbitration should be accessible to all parties regardless of financial status. A filing fee of $1 is levied on all proceedings in the circuit or county courts to fund mediation and arbitration services which are the responsibility of the Supreme Court pursuant to the provisions of s. 44.106. The clerk of the court shall forward the moneys collected to the Department of Revenue for deposit in the State Courts Revenue Trust Fund."The clerk of court may deduct $1 per fee assessment for processing this fee.		"9. How much does it cost to go to mediation? The cost of mediation depends on many factors. In some cases (example: small claims) the court provides mediators for free. In family cases, the amount charged depends on whether the court program provides the mediator or the parties are selecting their own mediator. If the program provides the mediator, the amount charged depends on the parties’ combined or joint income. [See section 44.108(2), Florida Statutes]. Many circuits provide dependency mediation services at no charge to the parents. Check with the mediation program in your circuit to see if such services are available. Parties who select private mediators should expect to pay market rates. The ethical standards for mediators require that the mediator provide a written explanation of any fees and costs prior to the mediation. The mediator may have minimum fees and charge for travel time, postponements, cancellations, or other expenses. (See rule 10.380, Florida Rules for Certified and Court-Appointed mediators). If the parties do not select a mediator, the court will select a mediator and will set the fees the mediator may charge." (Emphasis added).

From: Florida Courts Website - https://www.flcourts.org/Resources-Services/Alternative-Dispute-Resolution/Mediation-in-Florida		Anwi Gudivada
13
Georgia2019 Georgia Code - Title 15 - Courts - Chapter 23: Court-Connected Alternative Dispute Resolution § 15-23-11. Compensation of nonvolunteer neutrals by the parties
and
O.C.G.A. § 15-23-7 (ADR program funding)
and
Ga. Sup. Ct. Alternative Dispute Resolution Rules & Appendices (current version 9.7.2023),
administered by the Georgia Commission on Dispute Resolution / Georgia Office of Dispute
Resolution (GODR)
and
Ga. Sup. Ct. ADR Rules, Appendix A (Uniform Rules for Dispute Resolution Programs), Rule 7
(Compensation for Neutrals)		Implementing rule - Ga. Sup. Ct. ADR Rules, Appendix A (Uniform Rules for Dispute Resolution Programs), Rule 7 (COMPENSATION FOR NEUTRALS): "A. Neutrals may require payment from the parties but are not prohibited from providing services pro bono... B. An ADR board's fee schedule may provide for..." [

Commission policy on the absence of a statewide rate: "There shall be no uniform, state-wide compensation system at this time. Local courts will have the responsibility for developing and testing a variety of approaches to compensation consistent with guidelines that may be established by the Commission. However, every court program in which neutrals are compensated by the parties must provide ADR services free of charge to indigent parties."

Note that the indigency carve-out in Georgia falls on the NEUTRAL (services "free of charge to indigent parties"), in contrast to Colorado, where the State pays the neutral $40 per party per hour in indigency cases.		Enabling statute similar in form and scope to 28 U.S.C. § 658.

Funding: O.C.G.A. § 15-23-7(a) provides that "[f]or the purposes of providing court-connected or court-referred alternative dispute resolution programs, a sum not to exceed $10.00, in addition to all other legal costs, may be charged and collected in each civil action or case filed in the superior, state, probate, and magistrate courts and other courts within the county that have the same powers and jurisdiction as state or magistrate courts." Subsection (b) defines "case" broadly as "any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned, whether such matter is contested or not." Subsection (e) permits juvenile court supervision fees collected under O.C.G.A. § 15-11-37 to be used for mediation services. Last amended by 2014 Ga. Laws 494, § 1, eff. July 1, 2014.

Only local court programs approved by and in good standing with the Commission on Dispute Resolution may collect local ADR filing fees. The Commission reserves the right to request financial audits of the local Boards of Trustees.

IMPORTANT STATEMENT ON COMPENSATION FROM THE GEORGIA COMMISSION ON DISPUTE RESOLUTION: "Although the contribution of volunteers to ADR programs throughout the country is inestimable, the Georgia Supreme Court believes that the comprehensive system of statewide ADR services envisioned by these rules cannot be handled entirely by unpaid volunteers. This court is convinced that in order to build and maintain a statewide system of ADR services of the extent and quality desired, there must be mechanisms for compensating neutrals at appropriate levels. This court also believes that the Georgia ADR program will require a combination of volunteers, salaried in-house neutrals, and free market neutrals in order to meet the highly varied demands and circumstances of courts in urban, rural, and suburban areas." 		Anwi Gudivada
14
Hawaii
Hawaii Constitution, Art. 6 § 7
and
Haw. R. Cir. Ct. 12.2(a)-(b)
and
Haw. Rev. Stat. § 613-2 (Center for Alternative Dispute Resolution)
and
Haw. Arb. R. (Court Annexed Arbitration Program)
and
Haw. Rev. Stat. § 671-16.5 (bypass of CAAP in medical torts)
and
Haw. Rev. Stat. § 580-41.5 (battered spouses; exemption from mediation in divorce)		Haw. R. Cir. Ct. 12.2 "Section 7. The supreme court shall have power to promulgate rules and regulations in all civil and criminal cases for all courts relating to process, practice, procedure and appeals, which shall have the force and effect of law."

For Arbitration, Mediation, and Other ADR Processes in General Civil Cases: Neutral Sets Compensation But With Individual Court Oversight -

"Rule 12.2. ALTERNATIVE DISPUTE RESOLUTION.

(a) Authority to order. The court, sua sponte or upon motion by a party, may, in exercise of its discretion, order the parties to participate in a non-binding Alternative Dispute Resolution process (ADR or ADR process) subject to terms and conditions imposed by the court. ADR includes mediation, summary jury trial, neutral evaluation, non-binding arbitration, presentation to a focus group, or other such process the court determines may be helpful in encouraging an economic and fair resolution of all or any part of the disputes presented in the matter. Subsections (a) through (e) do not apply to ADR administered by the Hawai‘i Judiciary, such as the Court Annexed Arbitration Program.

(b) Factors to consider; fees and expenses. (1) Before ordering a case to ADR, the court may consider factors, including, but not limited to, the current status of the case, whether the parties would be better served by a settlement conference held by a court, whether the parties are willing to participate in ADR, and whether the parties have previously participated in ADR in the pending matter. In addition, the court may consider whether ordering a case into ADR would result in an unfair or unreasonable economic burden to any party. (2) All ADR fees and expenses of the neutral shall be borne equally by the parties unless otherwise agreed to by the parties, ordered by the court, or provided by law. A party who cannot afford to pay all or any portion of fees or expenses charged under this rule may file a motion with the court to be excused from payment or to pay an appropriately reduced amount or rate."

Note: Haw. Dist. Ct. R. Civ. P. 12.2 Hawaii's District Courts have a similar rule, albeit without the explanatory subsection (b) quoted above. "Rule 12.2. ALTERNATIVE DISPUTE RESOLUTION. The court, in its discretion or upon motion by a party, may order the parties to participate in an alternative dispute resolution process subject to conditions imposed by the court."
THE SEPARATE MANDATORY ARBITRATION TRACK - Haw. Rev. Stat. § 601-20: "(a) There is established within the judiciary a court annexed arbitration program which shall be a mandatory and nonbinding arbitration program to provide for a procedure to obtain prompt and equitable resolution of certain civil actions in tort through arbitration. The supreme court shall adopt rules for the implementation and administration of the program by January 1, 1987. (b) All civil actions in tort, having a probable jury award value, not reduced by the issue of liability, exclusive of interest and costs, of $150,000 or less, shall be submitted to the program and be subject to determination of arbitrability and to arbitration under the rules governing the program."

CAAP is governed by the Hawai'i Arbitration Rules (HAR), administered by the Judicial Arbitration Commission, the Arbitration Administrator, and the Arbitration Judge. HAR Rule 1: "The Court Annexed Arbitration Program (the Program) is a mandatory, non-binding arbitration program, as hereinafter described, for certain civil cases in the State of Hawai'i." HAR Rule 2(A): "The purpose of the Program is to provide a simplified procedure for obtaining a prompt and equitable resolution of certain civil matters to be designated by the Judicial Arbitration Commission." HAR Rule 2(B): "These rules shall not be applicable to arbitration by private agreement or to other forms of arbitration under existing statutes, policies and procedures." HAR Rule 2(C) gives "considerable discretion to the arbitrator, the Arbitration Administrator, the Arbitration Judge, and the Judicial Arbitration Commission." Applicability of the HAR is cross-referenced at RCCH Rule 34.		Like many other states, Hawaii has a state-established dispute resolution center designed to offer no-cost mediation to parties--particularly state agencies--in a variety of matters. See Hawaii Rev. Stats. § 613-2 and the Hawaii State Juidiciary's "About the Center" webpage. A network of no-cost Community Mediation Centers, similar to New York's Community Dispute Resolution Centers, also exist. Finally, Hawaii has a no-cost mandatory arbitration program for certain personal injury cases where the damages sought are $150,000 or less.

As opposed to Hawaii's District Courts, where only non-jury trials are available and jurisdiction in general civil cases is capped at an amount-in-controversy of $40,000 or less, Hawaii's Circuit Courts are courts of general jurisdiction with respect to both civil and criminal cases and "have exclusive jurisdiction in probate, guardianship and criminal felony cases, as well as civil cases where the contested amount exceeds $40,000."

While it does not appear that the Hawaii Courts set any specific compensation rates, they do have some guidelines on the topic for mediators. "IV. Costs and Fees - 1. Explanation of Fees and Charges. If fees are charged, a mediator or his or her agency should explain before mediation begins the fees and any other related costs to be charged. Mediators or their agencies should commit their understanding to a written agreement with the participants before the mediation process begins. 2. Contingent Fees - Reporter Note: There have been unresolved discussions about whether contingency fees should be allowed, i.e., this section eliminated or modified. Concern is: What happens to the mediation process if the mediator has a financial stake in the outcome? On the other hand, if contingent fees are prohibited then sophisticated participants who desire and use this type of fee arrangement would be prevented from using it. Three possibilities: Neither mediators nor their agencies should charge contingent fees or base fees on the outcome of mediation; neither mediators nor their agencies should charge contingent fees or base fees on the outcome of mediation unless special precautions are taken to minimize potential conflicts associated with the fee arrangement; charging contingent fees or fees based on the outcome is normally discouraged, although in special situations with competent advice, both participants may agree to such arrangements. Reporter Note: Virtually all standards which have considered this issue have categorically disallowed such fees. . . . 3. Referrals and Commissions. No commissions, rebates, or similar forms of remuneration should be given or received by a mediator for referral of clients for mediation or other related services."

Comparative note: Hawaii exempts battered spouses from mediation in divorce proceedings by statute. Haw. Rev. Stat. § 580-41.5. Compare Montana's Rule 7 domestic-violence carve-out and New York's Part 160 intimate-partner-violence screening requirement.

State-pays example outside the courts: Haw. Admin. R. § 12-43-121(a) provides that "[c]osts and expenses for mediation provided for under this subchapter shall be borne by the board" in proceedings before the Hawaii Labor Relations Board under Haw. Rev. Stat. § 89-11, while subsection (b) allocates neutral arbitrator costs equally between the parties.
Dorothy
Kaldi
&
Anwi Gudivada
15
IdahoIdaho Code § 1-212
and
Idaho Code § 7-1505(4)
and
Idaho Code § 7-910
and
Idaho R. Civ. P. 37.1(h)
and
Idaho R. Fam. L. P. 603(h)		"1-212. RULE-MAKING POWER RECOGNIZED. The inherent power of the Supreme Court to make rules governing procedure in all the courts of Idaho is hereby recognized and confirmed."

For Arbitration (Non-Binding) of Civil Cases Where Amount-in-Controversy Is Less Than $35,000: Maximum Compensation of $1,000 Per Case - "(4) Evaluators shall submit their rates of hourly compensation, if any, to the supreme court when submitting their request to be on the list of civil litigation evaluators. The clerk shall include the rate of hourly compensation, if any, for each evaluator in the list of names submitted to the parties. The parties shall each pay an equal portion of a private evaluator’s fee if any is charged as well as an equal portion of any actual costs incurred by the private evaluator. Individuals who wish to serve as private civil litigation evaluators under this chapter other than on a pro bono basis shall agree to serve as an evaluator in exchange for a fee not to exceed one thousand dollars ($1,000) unless the parties agree otherwise."

For Arbitration of Civil Cases Where Amount-in-Controversy is $35,000 or More: Arbitrator Determines His/Her Financial Destiny - "7-910. FEES AND EXPENSES OF ARBITRATION. Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award."

For Mediation in Civil Cases: Mediators Determine Their Fees and Expenses, With Court Enforcement and a New Sanctions Mechanism - I.R.C.P. 37.1(h) (as amended Mar. 28, 2025): "Compensation of Mediators. Mediators must be compensated at their regular fees and expenses, which must be clearly stated in the information and materials provided to the parties. The parties are responsible for a prorata share of the mediator's fees and expenses, unless other arrangements are made..."
NEW - SANCTIONS RUNNING AGAINST THE MEDIATOR: I.R.C.P. 37.1(l): "Sanctions. If a mediator fails to fulfill their responsibilities in this Rule they may be sanctioned, including removal from the roster of mediators." Note that Idaho now has enforcement running in BOTH directions - the court may order payment on the mediator's motion under (h), and may remove the mediator from the roster under (l).

Scope: I.R.C.P. 37.1(b) - "Matters Subject to Mediation. All civil cases may be referred to mediation." I.R.C.P. 37.1(c) - "Authority of the Courts. Referral of a case to mediation does not limit the court's authority to manage and control the case during the mediation." I.R.C.P. 37.1(d) - "Referral to Mediation. A court may, in its discretion, order a case into mediation."

Rule history: Adopted March 1, 2016, effective July 1, 2016; amended September 9, 2016; amended June 24, 2021, effective July 1, 2021; amended March 28, 2025, effective March 28, 2025.		Idaho is one of the few states where small-to-mid-size claims (up to $35,000 amount-in-controversy) arbitrators/evaluators who conduct non-binding arbitrations (i.e., there is a right to trial de novo) can be compensated for their services. As can be seen from the left columns, the parties pay for fees and expenses equally. In such cases, there is also an option for the parties to select mediation, and while the state statutory scheme appears to treat evaluators and mediators equally, it is not clear that this is the case with respect to compensation. See Idaho Code § 7-1503.

Idaho is also one of the rare states where all types of criminal cases--misdemeanors AND felonies--are mediated at the request of the parties. See generally Idaho Crim. R. 18.1. Rule 18.1(c) provides for compensation of mediators who are senior judges or justices. ("If the selected mediator is a senior judge or justice, the mediator will be compensated as with any senior judge service, and approval from the trial court administrator must be obtained by the court prior to the mediation.").
Dorothy
Kaldi
&
Anwi Gudivada
16
Illinois735 Illinois Compiled
Stats. 5/Art. II Pt. 10A
and
Illinois Sup. Ct. Rule 87(e) & cmt.
and
Illinois Const. Art. VI § 16
and
Illinois Sup. Ct. Rule 99
and
2) Lake County Judicial Circuit Court - Part 3.00 Civil Division Mediation Program -
Rule 7-3.04(C)(3), (5) Mediation Rules and Procedures		"Sec. 2-1001A. Authorization. The Supreme Court of Illinois, by rule, may provide for mandatory arbitration of such civil actions as the Court deems appropriate in order to expedite in a less costly manner any litigation wherein a party asserts a claim not exceeding $75,000 or any lesser amount as authorized by the Supreme Court for a particular Circuit, or a judge of the circuit court, at a pretrial conference, determines that no greater amount than that authorized for the Circuit appears to be genuinely in controversy."

For Non-Binding Arbitration in Civil Cases in Circuit Courts Up to Jurisdictional Limit: $100 Per Hearing - "Rule 87. Appointment, Qualification and Compensation of Arbitrators . . . (e) Compensation. Each arbitrator shall be compensated in the amount of $100 per hearing. . . . Paragraph (e). The fee recommended in this rule to be paid to arbitrators is consistent with the amounts now being paid as arbitrators’ fees in other jurisdictions. It was the view of the Committee that the fee be standard throughout the circuits utilizing these services; the same level of competency and performance should be expected."

"SECTION 16. ADMINISTRATION. General administrative and supervisory authority over all courts is vested in the Supreme Court and shall be exercised by the Chief Justice in accordance with its rules."

For Mediation of Civil Cases - Compensation Left Up to Each Local Court - "Rule 99. Mediation Programs. (a) Applicability to Circuits. Mediation programs may be undertaken and conducted in those judicial circuits which, with the approval of the Supreme Court, elect to utilize this procedure and in such other circuits as directed by the Supreme Court. (b) Local Rules. (1) Each judicial circuit electing to establish a mediation program shall adopt rules for the conduct of the mediation proceedings. . . . (2) At a minimum, the local circuit court rules shall address: (i) Actions eligible for referral to mediation; (ii) Appointment, qualifications and compensation of the mediators . . . ."

For Cook County - $250/hr. (if parties cannot agree) - "Unless otherwise agreed in writing by and between the parties and the mediator, the mediator shall be compensated by the parties at the rate of $250.00 per hour. In the event that a person appointed by the Court or appointed with the Court’s assistance as the mediator refuses to accept an appointment at the rate of $250.00 an hour, the Court will appoint or assist in the appointment of an alternate court-certified mediator from the list of court-certified mediators who is willing to accept that rate. Unless otherwise agreed by the parties or ordered by the Court upon good cause shown, each party shall pay a proportionate share of the total charges of the mediator." Each court-certified mediator shall agree to mediate one case without compensation when a Court has determined that mediation might be beneficial and that none of the parties has the resources to compensate a mediator." This condition appears in the Law Division (Part 20), Chancery Division (Part 21), and Probate Division (Part 24) rules alike. Failure to adhere to the mediation rules "may result in the decertification of the mediator" by the Presiding Judge.

COOK COUNTY DOMESTIC RELATIONS (Rule 13.4(e)) operates on a different model - private mediators set their own rates, but "[t]he mediator's fee is deemed a cost of the action, and the court may enforce the obligation upon motion of a party or the mediator." The court order designates each party's percentage share and whether services are to be at no charge or a reduced charge.

For Lake County - As Determined by Court with One Hour Minimum Compensation - "3. When the parties cannot agree on a mediator, the Court shall appoint a mediator from the list of mediators as provided in LCR 7-3.05(A) of these Rules. The compensation for a mediator so appointed shall be shared proportionately by all parties participating in the mediation conference. Once a mediator has been appointed, the mediator shall be entitled to a minimum of one hour’s compensation . . . 5. The fee of an appointed mediator shall be subject to appropriate Order or Judgment for enforcement. Fees are the joint responsibility of each party and his counsel."

WHO PAYS THE ARBITRATOR: Unlike Illinois mediators, Illinois arbitrators are paid by the STATE, not the parties. The Administrative Office of the Illinois Courts processes the voucher after each day's hearings, and the cost is funded out of a portion of each arbitration case filing fee. Jurisdictional range in most circuits: money damages in excess of $10,000 but not more than $75,000 (735 ILCS 5/2-1001A), though individual circuits set lower limits - Cook County's arbitration limit is $30,000.		Illinois has a number of court-annexed programs that differ with respect to neutral compensation when it comes to mediation (although this is not the case when it comes to mandatory non-binding arbitration). See "Compensation Amount or Details" column for two examples of different mediator compensation schemes and Resolution Systems Institute's webpage on Illinois court-ordered ADR for more information. See also Rule 13.5 of the 21st Judicial Circuit's Local Rules (Iroquois and Kankakee Counties) for an example of a sliding scale fee system based upon case amount-in-controversy (SC = Small Claims Cases (<= $10K); LM = Law Magistrate Cases (>$10K and <$50K); L = Law Cases (>$50K)).

Lake County's mediator compensation scheme is interesting in that it requires mediators to serve pro bono on two (2) cases per year but also allows "split" cases where if one party is indigent and the other can pay for mediation services, the party who can pay does pay, and the mediator is given pro bono credit for the indigent party. See Rules 7-3.04(C)(1) and (C)(4).

It's not clear why in Illinois a specific statutory authorization is present for mandatory arbitration but not mediation when the Supreme Court's Rule 99(c)(2) specifically mentions mediator compensation as a topic that must be addressed as part of a Circuit Court's mediation rules.		Anwi Gudivada
17
IndianaInd. Code 34-8-1-3

"IC 34-8-1-3 Power of supreme court to adopt, amend, and rescind procedural rules. Sec. 3. The supreme court has authority to adopt, amend, and rescind rules of court that govern and control practice and procedure in all the courts of Indiana. These rules must be promulgated and take effect under the rules adopted by the supreme court, and thereafter all laws in conflict with the supreme court's rules have no further force or effect."

For Mediation: Agreement of the Parties or Court Empowered to Set Mediator Compensation - "Rule 2.6. Mediation Costs. Absent an agreement by the parties, including any guardian ad litem, court appointed special advocate, or other person properly appointed by the court to represent the interests of any child involved in a domestic relations case, the court may set an hourly rate for mediation and determine the division of such costs by the parties. The costs should be predicated on the complexity of the litigation, the skill levels needed to mediate the litigation, and the litigants' ability to pay. Unless otherwise agreed, the parties shall pay their mediation costs within thirty (30) days after the close of each mediation session."

For Arbitration: Agreement of the Parties or Court Empowered to Set Arbitrator Compensation - "Rule 3.3. Assignment of Arbitrators. . . . Unless otherwise agreed between the parties, and the arbitrators selected under this provision, the Court shall set the rate of compensation for the arbitrator. Costs of arbitration are to be divided equally between the parties and paid within thirty (30) days after the arbitration evaluation, regardless of the outcome. Any arbitrator selected may refuse to serve without showing cause for such refusal."		Indiana's ADR Rules are uniform and apply to all courts throughout the State in all types of civil actions. See Preamble to Indiana Rules of Court - Rules for Alternative Dispute Resolution ("These rules are adopted in order to bring some uniformity into alternative dispute resolution with the view that the interests of the parties can be preserved in settings other than the traditional judicial dispute resolution method.") and Rule 1.4 ("These rules shall apply in all civil and domestic relations litigation filed in all Circuit, Superior, County, Municipal, and Probate Courts in the state.").

Nonetheless, Indiana also has a network of Community Dispute Resolution Centers established by statute for judges to refer cases as they deem fit. See generally Ind. Code 34-57-3.		Dorothy
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IowaIowa R. Civ. Proc. 1.281(5)
and
Iowa Code Title 25 § 679A.10
and
Iowa R. Civ. Proc. 11.9
and
Iowa Code § 598.7 (domestic relations mediation)
and
Iowa Admin. Code ch. 61-17 (Iowa Mediation Program, Office of the Attorney General)		IMPORTANT - THE PROHIBITION IS NARROW, OPT-IN, AND CAPPED: Iowa R. Civ. P. 1.281(5) provides: "Settlement conference; alternative dispute resolution. Unless the parties have agreed to engage in alternative dispute resolution or are required to do so by contract or statute, the court may not, by order or local rule, require the parties to engage in a settlement conference or in any other form of alternative dispute resolution."

This prohibition is a subsection of Rule 1.281, which is Iowa's EXPEDITED CIVIL ACTIONS rule, located in Division II, subdivision G of Chapter 1 of the Iowa Rules of Civil Procedure. Three limits follow:

(1) OPT-IN. Rule 1.281(1)(c): "Eligible plaintiffs can elect to proceed as an expedited civil action by certifying that the sole relief sought is a money judgment and that all claims (other than compulsory counterclaims) for all damages by or against any one party total $75,000 or less... The certification must be on a form approved by the supreme court and signed by all plaintiffs and their attorneys if represented." A case enters the expedited track by the plaintiff's own election, or by joint motion under Rule 1.281(1)(f).

(2) CAPPED. Rule 1.281(1)(a) confines the rule to actions where the sole relief sought is a money judgment and total damages by or against any one party are $75,000 or less.

(3) EXCLUDED CASES. Rule 1.281(1)(b): "Rule 1.281 does not apply to small claims or domestic relations cases."

And the default runs the other way. Rule 1.281(1)(d): "Except as otherwise specifically provided by this rule, the Iowa Rules of Civil Procedure are applicable to expedited civil actions."
Iowa should NOT be characterized as a state that categorically prohibits court-ordered ADR. It is a state in which a plaintiff who voluntarily elects a streamlined sub-$75,000 money-damages track thereby purchases immunity from court-ordered ADR within that track. Outside the expedited track, the general Iowa rules govern.

For Arbitration: Where Allowed, Arbitrator Determines His/Her Compensation Destiny - "679A.10. Fees and expenses of arbitration. Unless otherwise provided in the agreement to arbitrate, and except for counsel fees, the arbitrators’ expenses and fees and any other expenses incurred in the conduct of the arbitration shall be paid as provided in the award."

For Mediation: Where Allowed, Mediator Fees Have to Be Keyed to Case and Market Variables and Set Forth to the Parties in Writing - "Rule 11.9 Fees and other charges. 11.9(1) A mediator shall provide each party or each party’s representative true and complete information about mediation fees, expenses, and any other actual or potential charges that may be incurred in connection with a mediation. a. If a mediator charges fees, the mediator should develop them in light of all relevant factors, including the type and complexity of the matter, the qualifications of the mediator, the time required, and the rates customary for such mediation services. b. A mediator’s fee arrangement should be in writing unless the parties request otherwise. 11.9(2) A mediator shall not charge fees in a manner that impairs a mediator’s impartiality. a. A mediator should not enter into a fee agreement that is contingent upon the result of the mediation or amount of the settlement. b. While a mediator may accept unequal fee payments from the parties, a mediator should not allow such a fee arrangement to impact adversely the mediator’s ability to conduct a mediation in an impartial manner."		Certain districts within Iowa have their own neutral compensation schemes. Note that Iowa R. Civ. P. 1.281(5)'s bar on court-ordered ADR reaches only the expedited-civil-action track described in the Compensation column, so district-level ADR programs operate outside it in the ordinary course. For example, in the Fifth Judicial District (which covers sixteen counties), for domestic relations/family law cases (which are exempted from the general prohibition against court-annexed/court-ordered ADR by Iowa Code Title 25 § 598.7), an informational document authored by the Polk County Bar Association—entitled "District Court Mediation Program"—advises potential participants of the "costs for mediation includ[ing] a $80 administrative fee and the mediator’s fee ranging from $50 to $250 per hour. Normally, the fee is split, but the court could require you to reimburse the other side. You should plan on a three-hour session and bring funds sufficient to cover your share of the costs. Assuming a split fee, your cost range is $125 – $350. If you are from low or no income circumstances, you may be eligible for reduced-rate or pro bono mediation. Those who qualify for Legal Aid or the Volunteer Lawyers Project; those on public assistance programs such as FIP, WIC, Food Stamps or SSI; and those unable to work due to mental or physical disabilities, are eligible. Eligible persons pay a fee of $10 per hour. If you do not meet the above requirements, you can still minimize your costs by choosing a mediator with a lower hourly rate. Competent mediators are available in all price ranges. You can now pay your mediation fees via a credit card online at https://secure.affinipay.com/pages/pcba/mainpage."

For an example of a statute that overrides the state prohibition against court-annexed/court-ordered ADR, see Iowa Admin. Code § 322C.21, which deals with disputes concerning the sale of towable recreational vehicles. Therein, service of a demand for mediation is a prerequisite to a dealer, manufacturer, distributor, or warrantor's civil action. If a demand for mediation is accepted Iowa Admin. Code § 322C.21(2)(f) provides that "[t]he costs of the mediation services shall be allocated equally amongst the parties." 		Dorothy
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KansasKy. Rev. Stat. § 417.140
and
Ky. Rev. Stat. § 417.070 (court appointment of arbitrators)
and
Ky. Rev. Stat. § 454.011 (declaration of public policy encouraging dispute resolution)
and
Ky. Admin. Proc. Ct. Just. R. AP XII, Sec. 2 (Training and Experience), Sec. 3(2)
(Ethical guidelines), Sec. 3(5)
and
Sup. Ct. Ky. Model Mediation Rules, Preamble, R. 6 (NOT binding statewide - adopted
circuit by circuit at each circuit's discretion)
and
Ky. 3d Jud. Cir. Local Rules of Mediation (example of a circuit adopting the Model Rules)
and
Ky. 22d Jud. Cir. mediation rules (example of a circuit adopting its own rules instead)		For Arbitration: Arbitrator Determines His/Her Financial Destiny - "5-443. Remedies; fees and expenses of arbitration proceeding. (d) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award."

For Mediation: Agreement of Parties with Court Oversight - "5-516. Supreme court adopts rules. The supreme court, upon recommendation by the director in consultation with the council, shall adopt rules for the administration of the dispute resolution act and to prescribe ethics requirements and standards for approved programs and individuals."

For Mediation - LOCAL OPTION, NOT A STATEWIDE RULE:

(1) Statewide ethical floor. Ky. Admin. Proc. Ct. Just. R. AP XII, Sec. 3(2) ("Ethical guidelines") provides: "(3) Mediation Costs. As early as practicable, and before the mediation session begins, a mediator should explain all fees and other expenses to be charged for the mediation. A mediator should not charge a contingent fee or base a fee upon the outcome of the mediation. In appropriate cases, a mediator should perform mediation services on a sliding scale, at a reduced fee, or without compensation, based on the parties' ability to pay. Comment (a). In court mediations, a mediator should avoid the appearance of impropriety regarding the amount of the mediator's fee. The fee should be reasonable and no greater than the mediator's standard rate as a mediator. Comment (b). If a party and the mediator have a dispute that cannot be resolved before commencement of the mediation as to the mediator's fee, the mediator should decline to serve so that the parties may obtain another mediator." Note the hortatory register throughout - "should," not "shall."

(2) The Model Rule - A TEMPLATE, NOT LAW. Sup. Ct. Ky. Model Mediation Rules R. 6 provides: "Mediator compensation - The mediator shall be compensated at the rate agreed between the mediator and the parties if the mediator is chosen by agreement. If the mediator is appointed by the Court, the fee for the mediator shall be reasonable and no greater than the mediator's standard rate as a mediator. Unless otherwise agreed by the parties or ordered by the Court, the parties shall equally divide the mediator's professional fees."

IMPORTANT CAVEAT ON MODEL RULE 6: The Supreme Court of Kentucky's Model Mediation Rules are NOT binding statewide. It was left to the discretion of each judicial circuit whether to adopt them or to establish its own rules. The 3rd Judicial Circuit adopted the Model Rules; the 22nd Judicial Circuit adopted its own mediation rules instead. Model Rule 6 therefore states Kentucky mediator compensation law only in those circuits that have affirmatively adopted it. Kentucky should accordingly be classified as a LOCAL-OPTION state, alongside Ohio, Pennsylvania, and Oregon, rather than as a state with a uniform "reasonable compensation" standard.

Legislative policy backdrop: Ky. Rev. Stat. § 454.011 sets out a declaration of public policy encouraging dispute resolution through negotiation and mediation.		The Kansas Supreme Court's Rules Relating to Dispute Resolution (Rules 905-922) took effect January 1, 2020, replacing Rules 901-904, which the Court had adopted in February 1996 after extensive hearings following creation of the Council on Dispute Resolution and the office of Director of Dispute Resolution. The Supreme Court has SINCE approved new and amended rules regarding mediators, mediation, and dispute resolution processes.

Also, Kansas has a state-wide roster/directory of neutrals listing their respective fees. Estimated average compensation is somewhere around $250/hr.

Court-annexed arbitration does not appear to exist in Kansas, save in three limited scenarios: where the parties cannot agree upon the appointment of one or more arbitrators, where an arbitrator refuses an appointment, and where a previously-appointed arbitrator is rendered incapacitated or otherwise unfit to serve. In these circumstances, the Court becomes empowered to appoint one or more arbitrators as necessary. See Kansas Stat. Ann. § 5-433(a).
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KentuckyKy. Revised Statutes § 417.140

and
Ky. Rev. Stat. § 417.070 (court appointment of arbitrators)
and
Ky. Rev. Stat. § 454.011 (declaration of public policy encouraging dispute resolution)
and
Ky. Admin. Proc. Ct. Just. R. AP XII, Sec. 2 (Training and Experience), Sec. 3(2)
(Ethical guidelines), Sec. 3(5)
and
Sup. Ct. Ky. Model Mediation Rules, Preamble, R. 6 (NOT binding statewide - adopted
circuit by circuit at each circuit's discretion)
For Arbitration: Arbitrator Determines His/Her Financial Destiny - "417.140 Fees and expenses of arbitration. Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses, fees and other expenses incurred in the conduct of the arbitration shall be paid as provided in the award. Attorneys' fees shall not be awarded unless a provision therefor is contained in the written agreement submitted to arbitration."

For Mediation: "Reasonable Compensation" - "Section 3. Ethical Guidelines . . . (3) Mediation Costs. As early as practicable, and before the mediation session begins, a mediator should explain all fees and other expenses to be charged for the mediation. A mediator should not charge a contingent fee or base a fee upon the outcome of the mediation. In appropriate cases, a mediator should perform mediation services on a sliding scale, at a reduced fee, or without compensation, based on the parties' ability to pay. Comment (a). In court mediations, a mediator should avoid the appearance of impropriety regarding the amount of the mediator's fee. The fee should be reasonable and no greater than the mediator's standard rate as a mediator. Comment (b). If a party and the mediator have a dispute that cannot be resolved before commencement of the mediation as to the mediator's fee, the mediator should decline to serve so that the parties may obtain another mediator."

"Rule 6. Mediator compensation - The mediator shall be compensated at the rate agreed between the mediator and the parties if the mediator is chosen by agreement. If the mediator is appointed by the Court, the fee for the mediator shall be reasonable and no greater than the mediator's standard rate as a mediator. Unless otherwise agreed by the parties or ordered by the Court, the parties shall equally divide the mediator's professional fees."		Court-annexed arbitration does not appear to exist in Kentucky, save in three limited scenarios: where the parties' agreement does not provide a method for arbitrator appointment, where the method for arbitrator selection that the parties agreed to fails for whatever reason, and where a previously-appointed arbitrator is rendered incapacitated or otherwise unfit to serve. In these circumstances, the Court becomes empowered to appoint one or more arbitrators as necessary. See Ky. Revised Statutes § 417.070.

Roster and qualification requirements are set by Ky. Admin. Proc. Ct. Just. R. AP XII, Sec. 2 ("Training and Experience"). Because mediation in Kentucky is defined as a voluntary process and each circuit sets its own rules, there is no statewide mediator roster or statewide compensation schedule. See Kentucky Bar Association Formal Ethics Opinion KBA E-449 (discussing AP XII and the Model Mediation Rules) - https://kybar.org/Portals/0/Admin/Ethics%20Opinions/KBA_E-449.pdf

Note that specialized Kentucky mediation programs outside the court system set their own cost rules by regulation. See, e.g., 815 KAR 25:100 (Kentucky Manufactured Housing Mediation Program, administered by the Department of Housing, Buildings and Construction under Ky. Rev. Stat. § 227.640(4)), Sec. 4: "Costs of Mediation. Cost of mediations conducted pursuant to this administrative regulation shall be divided equally among the participants."		Anwi Gudivada
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LouisianaLa. Revised Statutes § 9:4109
and
La. Revised Statutes § 13:5207
and
La. Rev. Stat. Ann. § 13:5208(A)

Mediation: "Agreement Between the Parties or Selection of New Mediator" - "§4109. Cost of mediation . A. The cost of mediation shall be agreed in writing by the parties and the mediator prior to commencement of mediation. If there is no agreement on such cost, the court shall rescind the appointment and the selection of a mediator shall commence anew. B.(1) Unless otherwise ordered by the court in its referral order or unless the parties agree to some other allocation of cost: (a) The cost of mediation shall be taxed as costs of court, to be shared equally by the parties. (b) If the case is not settled by mediation, the costs of mediation shall be taxed as costs of court upon rendition of a final judgment.

(2) No later than the conclusion of the mediation, whether or not successful, the parties shall pay the cost of mediation, unless the parties and the mediator have agreed otherwise. The mediator may intervene in any pending civil case between the parties to the mediation to enforce payment of the cost of the mediation. An intervention to enforce payment of the cost of the mediation shall be disposed of as a summary proceeding."

Small Claims Arbitration: "Court Enabled to Set Reasonable Compensation by Local Rule" - "§5207. Arbitration awards. A. The judge may refer small claims cases to an attorney at law who shall serve as arbitrator provided the parties agree to be bound by his arbitration. An attorney at law so appointed by the judge shall conduct the proceedings in the manner described in R.S. 13:5208(A), and, if authorized by rule of court, he may be entitled to reasonable compensation for his services to be paid from court funds if available." WHAT "COURT FUNDS IF AVAILABLE" ACTUALLY MEANS: Small claims arbitrator compensation under § 13:5207 is payable "from court funds if available." Those funds are thin. § 13:5205(A) sets the plaintiff's filing fee at thirty-five dollars for each party made defendant, and § 13:5205(C) provides that "[t]he filing fee of thirty-five dollars shall be paid to the judge of the court as a fee in lieu of all other fees in each such case; however, all costs and expenses incurred shall be paid from the filing fee, except as otherwise provided herein." Costs may be waived entirely for an indigent party under § 13:5205(B). A Louisiana small claims arbitrator's "reasonable compensation," therefore, is drawn from a $35-per-defendant pool that must also absorb all other costs and expenses of the case - and is unavailable altogether where the plaintiff is indigent. The statutory entitlement is real; the fund behind it is nominal.

COLLECTION IS FREE TO FILE - § 9:4109(C): "Any court filings by the mediator appointed under this Chapter shall be accepted by the clerk of court without a filing fee." Read together with § 9:4109(B)(2), Louisiana gives the unpaid mediator a summary-proceeding intervention right AND waives the filing fee for exercising it. That is a meaningfully stronger collection posture than most states in this Table, where an unpaid neutral's only remedy is a motion the neutral must pay to file, or (as in Alabama) no judicial remedy at all.
Louisiana does not have set rates for neutrals. With respect to mediation, if the parties cannot agree on a mediator's rate, a new mediator is then selected. Query whether at some point, shrewd counsel could simply place a case into "mediation limbo" by refusing to agree to compensate the mediator. In addition, this system arguably paves a path for experienced neutrals to low-ball their less experienced colleagues out of economic existence by charging extremely low rates and then, once their less experienced colleagues drop off of rosters, raising their fees again back to market rates. Like a Venus Flytrap, the lack of regulation here is at first glance attractive but may ultimately prove to be fatal to a large-scale presumptive ADR system.

With respect to small claims arbitration, compensation is determined by local courts based on rules they enact. While vague, this compensation scheme at least gives less experienced arbitrators a chance at advancing.		Dorothy
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MaineMaine Revised Statutes 4-18-B(2)
and
Maine R. Civ. P. 16(B)(d)(2)
and
5 M.R.S. § 3345 (Natural Gas Pipeline Dispute Resolution Program)
and
14 M.R.S. § 6321-A (foreclosure mediation)
and
Me. Sup. Jud. Ct. Admin. Order JB-05-26 (Court Fee Schedule, as amended Jan. 14, 2025,
eff. May 1, 2025)

For All Types of ADR: "Reasonable Per Diem Compensation Plus Expenses" - "2. ADR providers. The Judicial Department, through the State Court Administrator or the administrator's designee, shall contract for the services of qualified persons or organizations to serve as providers of ADR services to parties. The ADR providers are not employees of the State for any purpose. The ADR providers are entitled to be paid a reasonable per diem fee plus reimbursement of their actual, necessary and reasonable expenses incurred in the performance of their duties, consistent with policies established by the Administrative Office of the Courts."

"(2) Unless the court orders or the parties otherwise agree, fees and expenses for the neutral shall be apportioned and paid in equal shares by each party, due and payable according to fee arrangements worked out directly by the parties and the neutral. Fees and expenses paid to the neutral shall be allowed and taxed as costs in accordance with Rule 54(f). If any party is unable to pay its share of the fees and expenses of the neutral, that party may apply for in forma pauperis status pursuant to Rule 91. If granted, the court may allocate the fee among those parties who are not in forma pauperis or ask the selected neutral to undertake the conference on a reduced fee basis. Failing the consent of the selected neutral to the reduced fee, the court will designate an alternate neutral from the roster developed by CADRES [Court Alternative Dispute Resolution Service] who will agree to undertake the assignment on a reduced fee basis or pro bono."
THE TWO-TRACK STRUCTURE: "In Family Matters, Small Claims, eviction and foreclosure cases, the parties pay a mediation fee to the court (unless the fee is waived), and the court pays the mediator. In civil cases in Superior Court, the parties pay the mediator's fee directly to the mediator."

For Superior Court civil cases the court sets nothing: "Neutrals in Superior Court civil cases set their own fees." "Fees are payable according to fee arrangements worked out directly by the parties and the neutral. The court does not set the fee. If a party cannot afford to pay the mediation fee, special arrangements can be made for mediation at a lower cost or no cost." Early Neutral Evaluation, available in Superior Court civil cases only, likewise uses a neutral who "is selected and paid by the parties."		Land Use and Environmental and Natural Gas Pipeline Cases (CONFIRMED CURRENT): "A mediation fee of $175 is required for land use mediation. This pays for up to four (4) hours of mediation. There is no filing fee to open the case." The landowner starts the process by filing a one-page Application for Land Use Mediation at the Superior Court for the county where the land is located; CADRES then provides a list of mediators from its Land Use/Environmental roster, and both sides must agree on the mediator. The Natural Gas Pipeline Dispute Resolution Program is a legislatively created mediation program for private landowners, 5 M.R.S. § 3345, covering disputes over "acts or omissions occurring during the construction, maintenance or operation of any natural gas pipelines that result in property damage."

Family Division: court-ordered mediation is $80 per party, $160 total per session, set by the Supreme Judicial Court's fee schedule (A.O. JB-05-26), with separate fees for the first session in pre-judgment matters and for post-judgment mediation. The fee schedule was most recently amended January 14, 2025, effective May 1, 2025 - so this figure is current as of that order and should be re-pulled from A.O. JB-05-26 rather than from any secondary source.

Small Claims: the mediator is provided by CADRES and the mediator's fee is paid with the small claims filing fee; there is no additional fee for small claims mediation on the day of mediation.

ROSTER CONDITIONS: CADRES maintains statewide rosters for all courts in all counties. Rosters open to new neutrals twice a year, with application deadlines of January 31 and July 31. Maine does NOT license or certify mediators, arbitrators, or early neutral evaluators, and if all parties and their attorneys agree, the neutral need not come from a court roster. To remain active on the Superior Court roster, an ADR Provider must complete twelve hours of continuing professional education annually in ADR processes, general civil law, court procedure, and standards of ethical conduct in mediation. Entry requires a minimum of 100 hours of mediation training and experience for family matters (including 40 hours of process training, 15 of them within the last two years, and at least 8 hours of domestic abuse training), and a minimum of 50 hours for other rosters (including 20 hours of process training, 8 within the last two years, and 15 hours of experience as a mediator).		Anwi Gudivada
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MarylandMd. Code Ann. § 3-221(a)
and
Md. Code Ann. § 1-201(a), (b)
and
Md. Ct. R. 17-208
and
Md. Ct. R. 17-305
and
Md. Ct. R. 17-406
and
Md. Code Ann. § 3-2A-06C(o)
and
Md. R. 17-202(e) (as amended eff. July 1, 2025)
and
Md. R. 17-205(a) (as amended eff. July 1, 2025)
and
Md. R. 17-203(h)		For Non-Court-Annexed Arbitrations Compelled/Enforced by the Court: Arbitrator Controls His/Her Financial Destiny - "§ 3-221. Expenses and fees. (a) Arbitrators. -- Unless the arbitration agreement provides otherwise, the award shall provide for payment of the arbitrators' expenses, fees, and any other expense incurred in the conduct of the arbitration"

"§ 1-201. Rule-making power. (a) Court of Appeals. -- The power of the Supreme Court of Maryland to make rules and regulations to govern the practice and procedure and judicial administration in that court and in the other courts of the State shall be liberally construed. . . . (b) Other courts. -- Except for the District Court, other courts may by rule regulate terms of court for purposes other than the return of process and may make other rules of practice and procedure subject to and not inconsistent with any rule of the Supreme Court of Maryland."

Arbitration, Mediation, and Other ADR (see Md. Ct. R. 17-102(d)) in Circuit Court Civil Disputes: Neutral Compensation as Set by Individual Circuit Courts - "Rule 17-208. Fee schedules. (a) Authority to adopt. Subject to the approval of the Chief Judge of the Court of Appeals, the county administrative judge of each circuit court shall develop and adopt maximum hourly rate fee schedules for court-designated individuals conducting each type of fee-for-service ADR. In developing the fee schedules, the county administrative judge shall take into account the availability of qualified individuals willing to provide those services and the ability of litigants to pay for them. Committee note. -- The maximum hourly rates in a fee schedule may vary based on the type, the alternative dispute resolution proceeding, the complexity of the action, and the qualifications of the ADR practitioner. (b) Applicability of fee schedules. The court's fee schedules apply only to ADR practitioners who are initially designated by the court, and not to an individual selected by the parties as a substitute mediator or to an ADR practitioner selected by the parties at the outset, even if the selection is subsequently memorialized by the court in an order of referral or consent order. (c) Compliance. A court-designated ADR practitioner subject to a fee schedule may not charge or accept a fee for the ADR in excess of that allowed by court order, and the amount stated in the court order may not exceed the fee stated in the applicable schedule. Violation of this Rule shall be cause for removal from court-approved ADR practitioner lists."

Arbitration, Mediation, and Other ADR in Civil Disputes Other Than in Circuit Court: No Compensation Allowed - "Rule 17-305. No fee for court-ordered ADR. District Court litigants and their attorneys shall not be required to pay a fee or additional court costs for participating in a mediation or settlement conference before a court-designated ADR practitioner in the District Court."

"Rule 17-406. No fee for court-ordered ADR. Subject to Rules 17-403(e) and 17-404(g) [which pertain to sanctions for failure to attend pre-hearing conferences or mediation sessions], Appellate Court of Maryland litigants and their attorneys shall not be required to pay a fee or additional court costs for participating in a prehearing conference or mediation ordered by the Court."

For Mediation and Other ADR Processes in Health Care Malpractice Actions: ADR Provider Determines His/Her Financial Destiny - "(o) Costs. -- Unless otherwise agreed by the parties, the costs of alternative dispute resolution shall be divided equally between the parties." See also Md. Ct. R. 17-203(h) (same as (o) above)).
THE PER-REFERRAL CAP - Md. R. 17-202(e): a circuit court's order of referral must specify the hourly rate to be charged, which may not exceed the maximum rate established in that jurisdiction under Rule 17-208, and must specify "a maximum number of hours of required participation by the parties." The parties may participate for fewer hours if they and the ADR practitioner agree that no further progress is likely, and may extend beyond the maximum if all agree. The rule expressly prohibits a court-designated ADR practitioner from raising the specified hourly rate at any point during the referred process: "During any extension of the ADR, the ADR practitioner may not increase the practitioner's hourly rate..."
ROSTER CONDITION - REDUCED-FEE AND PRO BONO REFERRALS: Md. R. 17-205(a) conditions designation as a court-approved mediator on the applicant's agreement to "[a]ccept a reasonable number of reduced-fee or pro bono referrals." Note that unlike Alabama (two cases per year), California (one case per year, not to exceed eight hours), or Tennessee (three mediations / 20 hours per year), Maryland fixes NO NUMERICAL CEILING on the obligation - the quantum is left to the undefined standard of "a reasonable number." Note also that the current Rule 17-205(a) requires 4 hours of continuing mediation-related education each calendar year (replacing the former 8-hours-every-two-years standard) and no longer imposes a bachelor's degree requirement.

Maryland has three levels of courts that address civil disputes, discussion of which will be oversimplified here to focus on neutral compensation: (1) District Courts, which handle small claims, replevin, landlord-tenant, and most civil cases having an amount-in-controversy of $30,000 or less; (2) Circuit Courts, which are courts of general jurisdiction, and with certain exceptions, handle civil having an amount-in-controversy of $30,001 or more; and (3) Maryland's Court of Special Appeals and Court of Appeals, with the latter being the state's court of last resort. See generally Md. Code Ann. § 4-401 and § 4-402 for a discussion of the civil jurisdiction of the District Courts, which is most relevant here.

Of these three levels, as can be seen from the columns on the left, neutral compensation in court-annexed ADR is only permitted for Circuit Court cases or as permitted by statute in specialized cases (with health care malpractice actions being provided as an example). Thus, the expectation in Maryland with respect to the performance of court-annexed ADR work is that unless the proverbial stakes are relatively high, neutrals are not entitled to compensation (i.e., they are expected to volunteer).

As noted in Maryland Court Rule 17-208, each Circuit Court establishes its own neutral compensation schedules. As a representative example, here is the Baltimore City Circuit Court's compensation schedule:

"In accordance with MD Rule 17-208, parties pay for court-ordered mediation at a reduced hourly rate set by the court. The current rate is $200 per hour. Mediation sessions are scheduled for a minimum of two (2) hours and may continue for so long as the parties and the mediator find it productive.

If the parties select their own mediator (including a mediator who may be on the court’s roster), the parties pay the mediator’s private rate. The cost of the mediation is shared by the parties on a pro rata basis unless the parties agree otherwise. If the parties want a mediator other than the one assigned by the court, a substitution may be requested. Please see MD Rule 17-202 for the process of substituting a court-appointed mediator. Mediation sessions are usually held at the offices of the mediator but may be conducted wherever the parties agree (offices, libraries, shared conference space, community centers, etc.)."
THE JULY 1, 2025 CENTRALIZATION: In November 2024 the Supreme Court of Maryland approved amendments to Title 17 (Standing Committee on Rules of Practice and Procedure, 223rd Report), establishing a new centralized application process for ADR practitioners seeking designation to serve in the circuit courts and orphans' courts, together with a centralized system for submitting continuing mediator education. Effective July 1, 2025, practitioners apply directly to MACRO - the Maryland Judiciary's Mediation and Conflict Resolution Office - through its online platform, rather than filing with the clerk of each circuit court from which they were willing to accept referrals. MACRO now oversees the approval process for all circuit and orphans' court ADR rosters. The 223rd Report amended Rules 17-102, 17-202, 17-205, 17-207, 17-303, 17-602, 17-603, and 17-604, along with Rules 9-205, 9-205.3, and 9-208; it did not amend Rules 17-208, 17-305, or 17-406.

Title 17 structure (from the 2012 rewrite, 174th Report): Chapter 100 contains general provisions, Chapter 200 governs court-ordered ADR in general civil actions in the circuit courts, Chapter 300 governs civil actions in the District Court, and Chapter 400 governs the appellate court. Rule 9-205 separately governs court-ordered mediation in child custody and visitation cases.
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MassachusettsMass. R. Sup. Jud. Ct. Rule 1:18 - Uniform Rules on Dispute Resolution - Rule 7(e)
and
Trial Court Policy on Fees for Dispute Resolution Services (adopted 2019)
and
Mass. Sup. Jud. Ct. R. 1:07 (Fee Generating Appointments and the Maintenance of
Appointment Dockets in All Courts)		For All Types of ADR: Hybrid Model Similar to Colorado's with Some Court-Annexed Programs Not Providing for Compensation and Some Providing for Compensation After Courts Contract with ADR Providers - "(e) Fees. Programs may charge fees for service. Parties shall not be charged a fee for attendance at a mandatory screening session or an early intervention event, or for dispute resolution services provided by court employees. Fees charged by a provider of court-connected dispute resolution services shall be approved by the Chief Justice of the applicable court department. The fee schedule shall provide for fee waived or reduced fee services to be made available to indigent and low income litigants. Fees may not be contingent upon the result of the dispute resolution process or the amount of the settlement. Neutrals may assist parties to negotiate an equitable allocation of fees."
Scope - R. 1(a): "these rules govern court-connected dispute resolution services provided in civil and criminal cases in every department of the Trial Court." The Ethical Standards in Rule 9 also apply to neutrals who provide court-connected dispute resolution services in the Supreme Judicial Court and the Appeals Court. The stated purpose is "to increase access to court-connected dispute resolution services, to ensure that these services meet standards of quality and procedural fairness, and to foster innovation in the delivery of these services."

Rule 8, adopted in 2005, sets qualification standards for neutrals - training, evaluation, mentoring, and continuing education - across the seven categories in which neutrals work under the Uniform Rules: mediation, arbitration, case evaluation, conciliation, mini-trials, summary jury trials, and dispute intervention.

SEPARATE FEE POLICY (NOT PREVIOUSLY IN THIS TABLE): The Trial Court adopted a Policy on Fees for Dispute Resolution Services in 2019, published with the January 2020 fourth printing of the Uniform Rules. [OBTAIN AND QUOTE - this is the operative fee document and supersedes reliance on the Rule 7(e) text alone]

CROSS-REFERENCE: Mass. Sup. Jud. Ct. R. 1:07 governs "fee-generating appointments made pursuant to Rule 1:18, Uniform Rules on Dispute Resolution," and requires maintenance of appointment dockets in all courts. Massachusetts therefore publicly tracks compensated ADR appointments - a transparency mechanism absent from most states in this Table.

The Uniform Rules were initially approved by the Supreme Judicial Court on May 1, 1998; Rule 8 was adopted in 2005. The Trial Court Standing Committee on Dispute Resolution is appointed by the Chief Justice of the Trial Court and is charged with promoting and implementing the Uniform Rules throughout the seven Trial Court departments.

Observation (retain): there do not appear to be any programs that work based on time thresholds or barriers. Either a program is free or there is compensation, with no gray area or potential for free time to be abused. [RE-CONFIRM against the 2019 Fees Policy, which may have introduced tiering]

1) SJC Rule 1:18 - https://www.mass.gov/supreme-judicial-court-rules/supreme-judicial-court-rule-118-uniform-rules-on-dispute-resolution
2) Uniform Rules including Explanatory and Implementation Materials (4th printing, Jan. 2020, with the 2019 Trial Court Policy on Fees) - https://www.mass.gov/doc/supreme-judicial-court-rule-118-the-uniform-rules-on-dispute-resolution-including-explanatory/download
3) Trial Court List of Court-Connected Approved Programs - https://www.mass.gov/doc/the-trial-court-list-of-court-connected-approved-programs-for-alternative-dispute-resolution/download		Anwi Gudivada
25
MichiganMich. Compiled Laws § 691.1701(4)
and
Mich. Court Rules Chap. 3 Civil Procedure - Rule 3.602(M)
and
Mich. Court Rules Chap 2. Civil Procedure - Rule 2.411 Mediation - Rule 2.411(D)
and
Mich. Ct. R. 2.410(A)-(B) (Alternative Dispute Resolution - SCOPE)
and
Mich. Ct. R. 2.403(A)(1) (as amended eff. Jan. 1, 2022)
and
Mich. Ct. R. 3.216 (domestic relations mediation), 3.970 (child protection mediation)		SCOPE - PRESUMPTIVE ADR: Mich. Ct. R. 2.410(A)(1): "All civil cases are subject to alternative dispute resolution processes unless otherwise provided by statute or court rule." MCR 2.410(A)(2) defines ADR as "any process designed to resolve a legal dispute in the place of court adjudication, and includes settlement conferences ordered under MCR 2.401; case evaluation under MCR 2.403; mediation under MCR 2.411; domestic relations mediation under MCR 3.216; child protection mediation under MCR 3.970; and other procedures provided by local court rule or ordered on stipulation of the parties."

LOCAL ADR PLANS: MCR 2.410(B)(1) requires that "[e]ach trial court that submits cases to ADR processes under this rule shall adopt an ADR plan by local administrative order. The plan must be in writing and available to the public in the ADR clerk's office." At a minimum the plan must designate an ADR clerk and, if the court refers cases to mediation under MCR 2.411, "specify how the list of persons available to serve as mediators will be maintained and the system by which mediators will be assigned from the list under MCR 2.411(B)(3)." Michigan is therefore statewide as to the reasonableness standard but LOCAL as to roster maintenance and assignment. WRITING REQUIREMENT AND REASONABLENESS FACTORS: "Any fees charged by a mediator shall be reasonable, considering, among other things, the mediation services, the type and complexity of the matter, the expertise of the mediator, the time required, and the rates customary to the community. The mediator's fee arrangement shall be reduced to writing before proceeding with the mediation."
DISCOVERY MEDIATION: MCR 2.411(H), effective January 1, 2020, permits the parties to stipulate to, or the court to order, mediation of discovery disputes, and permits "discovery mediators" who may also serve as experts. In cases involving complex ESI issues the court may also appoint an expert.

For Arbitration: Arbitrator Establishes His/Her Financial Destiny - "691.1701 Remedies; fees and expenses of arbitration proceeding. . . . (4) An arbitrator's expenses and fees, and other expenses, shall be paid as provided in the award."

"(M) Costs. The costs of the [arbitration] proceedings may be taxed as in civil actions, and, if provision for the fees and expenses of the arbitrator has not been made in the award, the court may allow compensation for the arbitrator’s services as it deems just. The arbitrator’s compensation is a taxable cost in the action."

For Mediation: "Reasonable Compensation" - Rule 2.411(D)(1) - "A mediator is entitled to reasonable compensation commensurate with the mediator's experience and usual charges for services performed."		Court-annexed arbitration does not appear to exist in Michigan, save in three limited scenarios: where the parties' agreement does not provide a method for arbitrator appointment, where the method for arbitrator selection that the parties agreed to fails for whatever reason, and where a previously-appointed arbitrator is rendered incapacitated or otherwise unfit to serve. In these circumstances, the Court becomes empowered to appoint one or more arbitrators as necessary. See Mich. Compiled Laws § 691.1691(1).

Other Michigan Court Rule Provisions of Interest Concerning Mediation: "(2) The costs of mediation shall be divided between the parties on a pro-rata basis unless otherwise agreed by the parties or ordered by the court. The mediator's fee shall be paid no later than: (a) 42 days after the mediation process is concluded, or (b) the entry of judgment, or (c) the dismissal of the action, whichever occurs first.

(3) If acceptable to the mediator, the court may order an arrangement for the payment of the mediator's fee other than that provided in subrule (D)(2).

(4) The mediator's fee is deemed a cost of the action, and the court may make an appropriate order to enforce the payment of the fee.

(5) If a party objects to the total fee of the mediator, the matter may be scheduled before the trial judge for determination of the reasonableness of the fee."
THE 2022 CASE EVALUATION AMENDMENTS - A STRUCTURAL SHIFT TOWARD COMPENSATED ADR: Effective January 1, 2022, the Michigan Supreme Court significantly amended the case evaluation rules, signaling a shift away from case evaluation's use. Amended MCR 2.403(A)(1) now provides that "[a] court may submit to case evaluation any civil action in which the relief sought is primarily money damages or division of property unless the parties stipulate to an ADR process as outlined in subsections (A)(2)-(3) of this rule," and parties who participate in a stipulated, court-approved ADR process may not subsequently be ordered into case evaluation without written consent. Case evaluation remains the default, but the elimination of case evaluation sanctions - former MCR 2.403(O), which required a party rejecting an evaluation to pay the opposing party's actual costs unless the verdict was more favorable to that party - removed the principal incentive to use it.

SIGNIFICANCE FOR THIS TABLE: The 2022 amendments shifted Michigan practice from case-evaluation panels toward mediation under MCR 2.411, which is the compensated track governed by the "reasonable compensation" standard. Michigan thus increased the volume of compensated neutral work not by raising any rate, but by removing the procedural incentive to use the alternative process. See generally Michigan Supreme Court Case Evaluation Court Rules Review Committee Report - https://www.courts.michigan.gov/4af55a/siteassets/reports/ce-rule-committee-report.pdf (recommending that case evaluation sanctions be removed on the ground that "'Sanctions' is the tail wagging the dog: it prompts settlements, but not based on the merits of the case").
26
MinnesotaMinn. Stats. § 484.76
and
Minn. Gen. R. Prac. R. 114.11
and
Minn. Gen. R. Prac. 114.01(a)-(c) (as amended eff. Jan. 1, 2023)
and
Minn. Gen. R. Prac. 114.02(b) (definitions of Neutral / Qualified Neutral)
and
Minn. Gen. R. Prac. 310 (family law ADR, relocated from Rule 114)
and
Minn. Stat. § 563.01 (fee waiver)		For Non-Binding Arbitration, Mediation, and More in Civil Cases: Equitable, Fair, Reasonable Compensation for Fees and Expenses Subject to Court Oversight - "484.76 ALTERNATIVE DISPUTE RESOLUTION PROGRAM. Subdivision 1. General. The supreme court shall establish a statewide alternative dispute resolution program for the resolution of civil cases filed with the courts. The supreme court shall adopt rules governing practice, procedure, and jurisdiction for alternative dispute resolution programs established under this section. Except for matters involving family law[,] the rules shall require the use of nonbinding alternative dispute resolution processes in all civil cases, except for good cause shown by the presiding judge, and must provide an equitable means for the payment of fees and expenses for the use of alternative dispute resolution processes."

"Rule 114.11. Fees. (a) Setting of Fee. The Neutral shall be paid according to the terms of the agreement with the parties, their attorney, or as ordered by the court. All fees of Neutral(s) for ADR services shall be fair and reasonable. (b) Remedies for Non-Payment. If parties or attorneys fail to pay the Neutral, the court, with notice to the parties and counsel and upon filing of an affidavit from the Neutral or a party, may issue an order granting such relief as the court deems just and proper. The Neutral, in seeking relief under this rule, shall maintain confidentiality as required by these rules. The Neutral has the right to suspend services if not paid in accordance with the court order or agreement with the parties and/or their attorneys."

For Mediation in Debtor/Creditor Cases (which seem to be within the scope of Rule 114.11 discussed above): Agreement of the Parties and Mediator - "Subd. 4. Compensation. Prior to commencing mediation[,] the debtor and creditor shall agree with each other and the mediator on the amount and allocation between them of any fee for the mediator's services."
NOTICE OF THE NON-PAYMENT REMEDY MUST BE IN THE WRITTEN AGREEMENT: Under the amended rule, the Neutral's written agreement with the parties must state how and when fees are to be paid "and include a notice that the Neutral could seek remedies from the court for non-payment pursuant to Rule 114.11(b) of the General Rules of Practice for the District Courts." Minnesota now requires the parties to be told up front that the neutral can go to court to get paid.

SCOPE - Minn. Gen. R. Prac. 114.01(a): "This rule governs court-annexed Alternative Dispute Resolution (ADR). All civil and family cases are subject to this rule except: (1) As provided in Minnesota Statutes, section 604.11 (medical malpractice); (2) As provided in Family Court Rules 303 and 310; (3) Cases enumerated in Rule 111.01; (4) Cases excluded under Minnesota Statutes, section 484.76; (5) In rare circumstances where the court in its discretion finds ADR to be inappropriate or to operate as a sanction; (6) Where parties have proceeded in good faith to resolve the matter using collaborative law, the court may excuse the parties from using further ADR processes; and (7) Proceedings conducted by a special master appointed under Rule 53 of the Rules of Civil Procedure."

THE INABILITY-TO-PAY PROVISION, RELOCATED - Minn. Gen. R. Prac. 114.01(c): "Inability to Pay. If a party qualifies for waiver of filing fees under Minnesota Statutes, section 563.01, or if the court determines on other grounds that the party is unable to pay for ADR services, and free or low-cost ADR services are not available, the court shall not require that party to participate in ADR."

IMPORTANT CITATION NOTE: This provision was formerly Rule 114.11(d). The Advisory Committee Comments confirm that "Rule 114.01(c) retains and relocates the provisions of former rule 114.11(d)." Earlier versions of this Table quoted the 1996 Advisory Committee Comment's reference to "Subdivision (d) of this rule" - that reference is now orphaned, because Rule 114.11 no longer contains a subdivision (d). Quote Rule 114.01(c) instead.

MINNESOTA'S CHOSEN SOLUTION TO INDIGENCY: Note what Rule 114.01(c) does NOT do. It does not compel the neutral to serve free (New York, New Jersey), does not have the State pay the neutral (Colorado), and does not offer regulatory credit (Indiana). It simply excuses the indigent party from ADR altogether. This is consistent with the Advisory Committee's express position: "The advisory committee rejected any suggestion that these rules should create a separate duty on the part of neutrals to provide free neutral services... If free or affordable ADR services are not available, however, the party should not be forced to participate in an ADR process and should suffer no ill-consequence of not being able to do so."
Minnesota is one of the few states which provides for what is essentially reasonable compensation to neutrals as an integral component of court-annexed ADR, which reflects an attitude similar to the Georgia Supreme Court, discussed above, on neutral compensation. That attitude is that while there is definitely a place for the provision of pro bono or low bono/reduced-fee ADR services, court-annexed ADR will not be able to effectively function without neutrals getting paid. In this regard, the Minnesota Supreme Court's Advisory Committee has spoken clearly in comments to the state's General Rule of Practice 114.11, which appears in the columns to the left.

"Implementation Committee Comment - 1993

The marketplace in the parties' geographic area will determine the rates to be offered by neutrals for their services. The parties can then best determine the appropriate fee, after considering a number of factors, including availability, experience and expertise of the neutral and the financial abilities of the parties.

ADR providers shall be encouraged to provide pro bono and volunteer services to parties unable to pay for ADR processes. Parties with limited financial resources should not be denied access to an ADR process because of an inability to pay for a neutral. Judges and ADR providers should consider the financial abilities of all parties and accommodate those who are not able to share equally in costs of the ADR process. The State Court Administrator shall monitor access to ADR processes by individuals with limited financial resources.

Advisory Committee Comment - 1996 Amendment

The payment of fees for neutrals is particularly troublesome in family law matters, where the expense may be particularly onerous. Subdivision (d) of this rule is intended to obviate some difficulties relating to inability to pay ADR fees. The advisory committee rejected any suggestion that these rules should create a separate duty on the part of neutrals to provide free neutral services. The committee hopes such services are available, and would encourage qualified neutrals who are attorneys to provide free services as a neutral as part of their obligation to provide pro bono services. See Minn. R. Prof. Cond. 6.1. If free or affordable ADR services are not available, however, the party should not be forced to participate in an ADR process and should suffer no ill-consequence of not being able to do so.

Advisory Committee Comment - 2022 Amendments

Rule 114.11 provides for the payment of fees to Neutrals. The rule creates a process for seeking an order compelling payment of a Neutral's fees. The rule requires that the Neutral maintain any required confidentiality under the rules, but this requirement is not intended to be a significant constraint, as the agreement (or order) to pay a Neutral, the billings by the Neutral, and the failure to pay can be submitted without disclosure of any confidential information from the ADR process. The rule also confirms that a Neutral is entitled to suspend the provision of services if payments due are not made. Amended Rule 114.10(d)(3) also confirms the right of the Neutral to communicate with the court about unpaid fees."
2023 RESTRUCTURING: Rule 114 was amended broadly effective January 1, 2023 to collect the provisions governing court-annexed ADR in one place; provisions relating solely to family law are now in Rule 310, and the Moderated Settlement Conference process has been reintroduced in family court Rule 310. Rule 114.02 was amended to clarify and update the processes available for court-annexed ADR; the mini-trial is retained though rarely used.

ROSTER AS CONDITIONAL PRIVILEGE: "Inclusion on the list of qualified neutrals pursuant to Minn. Gen. R. Prac. 114.12 is a conditional privilege, revocable for cause." All Neutrals serving in court-annexed ADR are subject to the authority of the ADR Ethics Board and the Code of Ethics for Court-Annexed ADR Neutrals under Rule 114.01(b), whether or not they are Qualified Neutrals, and are deemed under Rule 114.04(a) to have consented to the Board's authority. Training and continuing education requirements are in Rule 114.13.

2023 RESTRUCTURING: Rule 114 was amended broadly effective January 1, 2023 to collect the provisions governing court-annexed ADR in one place; provisions relating solely to family law are now in Rule 310, and the Moderated Settlement Conference process has been reintroduced in family court Rule 310. Rule 114.02 was amended to clarify and update the processes available for court-annexed ADR; the mini-trial is retained though rarely used.

ROSTER AS CONDITIONAL PRIVILEGE: "Inclusion on the list of qualified neutrals pursuant to Minn. Gen. R. Prac. 114.12 is a conditional privilege, revocable for cause." All Neutrals serving in court-annexed ADR are subject to the authority of the ADR Ethics Board and the Code of Ethics for Court-Annexed ADR Neutrals under Rule 114.01(b), whether or not they are Qualified Neutrals, and are deemed under Rule 114.04(a) to have consented to the Board's authority. Training and continuing education requirements are in Rule 114.13.


Anwi Gudivada
27
MississippiMiss. Code Ann. § 25-7-35
and
Mississippi Court-Annexed Rules for Civil Litigation IX. & XV.H.		Arbitration: Reasonable Compensation Fixed by Court - "The court in which the cause is pending, or the chancellor or judge thereof in vacation, shall fix and allow reasonable compensation for commissioners, referees, auditors, and arbitrators; and such compensation shall be taxed and collected as costs in the suit."

Mediation: Agreement of the Parties on a Reasonable Fee - "IX. COST OF MEDIATION - The fees and expenses of the mediation shall be established by agreement between the mediator and the parties charged with those fees and expenses. Unless otherwise agreed to by the parties or ordered by the court, the party seeking mediation shall pay the fees and expenses of the mediation. When mediation is ordered by the court on its own motion, the court shall allocate the fees and expenses of the mediation, or such fees and expenses may be taxed as costs of the litigation. The attorney's fees of the parties shall not be included in the fees and expenses of mediation."

"H. Fees: A Mediator shall fully Disclose and Explain the Basis of Compensation, Fees, and Charges to the Parties. The parties should be provided sufficient information about fees at the outset of a mediation to determine if they wish to retain the services of a mediator. If a mediator charges fees, the fees shall be reasonable, considering among other things, the mediation service, the type and complexity of the matter, the expertise of the mediator, the time required, and the rates customary in the community."
Under Part II, all civil cases shall be considered appropriate for referral to mediation in the discretion of the court, either by the court's own initiative or on the motion of any party. Mississippi has no presumptive or mandatory ADR mandate for general civil cases; referral is discretionary in every instance.

Mississippi sets ARBITRATOR compensation judicially (Miss. Code Ann. § 25-7-35: the court "shall fix and allow reasonable compensation," taxed and collected as costs), but leaves MEDIATOR compensation to private agreement (Part IX: fees "shall be established by agreement between the mediator and the parties"), with the court's role confined to ALLOCATION - allocating the fees where the court orders mediation on its own motion, or taxing them as costs of the litigation. A Mississippi court does not fix a mediator's rate.		Mississippi's arbitration compensation scheme resembles the framework of the federal Alternative Dispute Resolution Act of 1998 in that courts are empowered to fix reasonable arbitrator compensation, but unlike the E.D.N.Y., N.D.N.Y., and W.D.N.Y. - each of which sets rates court-wide by local rule or ADR plan - Mississippi leaves the amount to each individual judge under Miss. Code Ann. § 25-7-35. Compare Texas, whose statute uses the permissive "may" where Mississippi's uses the mandatory "shall."

IMPORTANT DISTINCTION: This judicial rate-setting power extends to ARBITRATORS ONLY. For MEDIATION, Part IX vests rate-setting in the mediator and the parties by agreement; the court allocates and may tax the fees as costs, but does not fix the rate. Mississippi therefore belongs in the "neutral-and-parties-set-the-rate" column for mediation and the "court-fixes-reasonable-compensation" column for arbitration.

ADMINISTRATION: Under Part X, the Court Annexed Mediation Committee reports to the Supreme Court the names, addresses, and qualifications of mediators and updates the list from time to time. The Committee, with the advice of the Supreme Court, determines on at least a semi-annual basis whether there is an adequate number of qualified mediators to meet the demands of the Plan; if additional training is needed, The Mississippi Bar shall train or provide training to persons to serve as mediators. Persons trained elsewhere may qualify for inclusion on the list if the training meets the qualifications established by the Mississippi Supreme Court. Committee membership includes members of the Alternative Dispute Resolution Section of The Mississippi Bar. Part XIV imposes reporting requirements, and Part XIII permits the Supreme Court to suspend or terminate the Plan.

MEDIATOR QUALIFICATIONS: Mediators appearing on The Mississippi Bar's Mediators Directory must complete at least 14 hours of approved mediation training and maintain 6 hours of continuing education every two years. Mississippi does not require statewide mediator certification for private practice; courts are encouraged, but not required, to select mediators from the Directory.
PRACTICAL RATES: Private mediation in Mississippi is commonly billed at $100 to $300 per hour.

SEPARATE PROGRAM: Mississippi also maintains a specialized mediation program established by the Mississippi Department of Insurance under emergency regulation No. 2005-2, as amended, administered through the American Arbitration Association. Federal courts in Mississippi have ordered parties into that program under Fed. R. Civ. P. 16 and their inherent powers. See, e.g., Ladner v. Nationwide Mut. Fire Ins. Co., No. 1:08cv673-LTS-RHW (S.D. Miss.) (Order for Mediation).
Anwi Gudivada
28
MissouriMissouri Const. Article V, Section 5
and
Missouri Sup. Ct. R. 17.03(e)
and
Mo. Sup. Ct. R. 17.01, 17.03(a)-(b), (e)-(f) (as amended Dec. 21, 2021, eff. July 1, 2022)
and
Mo. Sup. Ct. R. 17.04 (qualifications)
and
Mo. Sup. Ct. R. 88.02-88.08 (excluded family cases)
and
Mo. Rev. Stat. § 487.100 (family court)		"V Section 5. Rules of practice and procedure — duty of supreme court — power of legislature. — The supreme court may establish rules relating to practice, procedure and pleading for all courts and administrative tribunals, which shall have the force and effect of law."

For All Types of ADR: Court Decides on Method of Compensation But Not Rate (applies to all types of ADR) - "(e) Each circuit shall adopt necessary local court rules assuring the impartiality of the neutral, allowing for the removal or withdrawal of the neutral, and providing for the method of, but not the rate of, compensation of all neutrals."

Rule 17.01(a): "Any judge by order or any judicial circuit by local court rule may establish an alternative dispute resolution program as provided in this Rule 17." Rule 17.01 states the purpose as providing "an alternative mechanism for the resolution of civil disputes, except those subject to Supreme Court Rules 88.02 to 88.08."

Rule 17.03(a): "A civil action shall be ordered to alternative dispute resolution upon stipulation of the parties except in cases governed by Rule 88. A civil action may be ordered to alternative dispute resolution upon the motion of any party or by the court. Absent the parties agreeing to an alternative dispute resolution process, the court shall determine the most appropriate process."

Rule 17.03(b) - COUNSEL-DRIVEN OPT-OUT: "If counsel for any party, after conferring with their respective clients, all other attorneys, and unrepresented parties, conclude that referral to alternative dispute resolution has no reasonable chance of being productive, they may opt out by so advising the court, in writing, within thirty days before the deadline to begin the alternative dispute resolution. The matter shall not thereafter be referred by the court to alternative dispute resolution absent compelling circumstances, which shall be set out by the court in any order referring the matter to alternative dispute resolution."

Rule 17.03(f): "Each circuit shall adopt such local court rules as shall be appropriate for the scheduling of disputes referred to the program."

Qualifications - Rule 17.04: "Any individual providing alternative dispute resolution services independently or through an organization under this Rule 17 shall have appropriate training or equivalent experience in conducting the type of alternative dispute resolution service the individual or organization provides. Appropriate training for mediators shall include at least sixteen hours of formal training. Appropriate training for individuals providing other services shall include at least four hou[rs]..."		For general civil cases, Missouri has a somewhat weird combination of the federal "each district court establishes neutral compensation rules" paradigm with that of other states that provide for reasonable compensation of neutrals. The reference to "method" is likely to a choice among the parties paying for ADR services, the Court itself paying for them, or a combination of both.

An exception to the prohibition against the court setting neutral rates is found in family court cases. In this regard, Missouri Rev. Statutes § 487.100 provides: "487.100. Mediation, counseling, home study may be recommended — costs. — In any family court case the judge or commissioner may, on the judge's or commissioner's own motion or, at the request of a party, order or recommend mediation, counseling or a home study. The costs of such mediation, counseling or home study may be assessed against any party at any time and may be taxed as court costs paid by the party against whom costs are taxed or may be paid from the family services and justice fund established pursuant to section 487.170 [and as of 2000, 488.2300]. The amount assessed for such mediation, counseling, or home study shall be such amount as the court determines to be reasonable under the circumstances. The party's ability to pay shall be a consideration when such costs are assessed."
THE 2021 AMENDMENT AND ITS COMPENSATION CONSEQUENCE: Rule 17 was amended December 21, 2021, effective July 1, 2022. Rule 17.03(e)'s prohibition on circuits setting the RATE of neutral compensation survived that amendment verbatim. What changed is the referral machinery above it: new Rule 17.03(b) permits counsel, after conferring with clients and all other parties, to opt out of ADR entirely by written notice, after which the court may not refer the matter absent "compelling circumstances" set out in the referral order.

Significance for this Table: Missouri simultaneously (i) forbids circuits from setting neutral rates, and (ii) gives counsel a unilateral, reason-stated opt-out from the referral itself. The combined effect is that Missouri neutrals have neither a floor on their rate nor an assured volume of referrals - the two variables that determine whether court-annexed ADR is economically viable as a practice are both left outside the neutral's control and outside the court's.
Dorothy
Kaldi
&
Anwi Gudivada
29
MontanaMontana Code Ann. § 27-5-218
and
Montana Code Ann. § 25-21-7(f)
and
Montana Code Ann. § 46-1-507
and
Admin. R. Mont. 4.20.103 (agricultural mediation)		For Arbitration: Arbitrators Set Their Fees - "27-5-218. Fees and expenses of arbitration. Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, must be paid as provided in the award."

For Mediation in Certain Appellate-Level Cases - MANDATORY PROGRAM: Mediators Set Their Own Fees, With a Narrow Pro Bono Carve-Out and an Indigency Opt-Out

Mont. R. App. P. 7 is titled "Mandatory appellate alternative dispute resolution." Rule 7(1) states its purposes as providing "an alternative means to resolve certain civil appeals." The categories subject to the rule are workers' compensation appeals, domestic relations appeals, and money judgment appeals - Rule 7(2)(c) defines the latter as "Money judgments. Appeals in actions seeking monetary damages/recovery" - plus appeals the supreme court refers in its discretion.

FEE SHARING AND THE PRO BONO CARVE-OUT - Rule 7(4)(f): "The parties shall share the mediator's fee and incidental expenses equally. However, in money judgment cases where there is $5,000 or less at issue and the judgment is for $5,000 or less, any mediator appointed by the clerk of the supreme court under section (4)(d) shall serve pro bono, and the mediator's incidental expenses shall be shared equally by the parties. All pro bono appointments shall be so indicated in the order of appointment."

Note the double threshold: the pro bono obligation attaches only where BOTH the amount at issue AND the judgment are $5,000 or less, only in money judgment cases, and only where the mediator was appointed by the clerk under Rule 7(4)(d) rather than selected by the parties. Even then, incidental expenses remain reimbursable - the mediator donates time, not out-of-pocket costs.

THE INDIGENCY OPT-OUT (previously omitted from this Table) - Rule 7(4)(g): "If a party is unable to pay for mediation and if the parties are unable to secure the services of a mediator who is willing to serve without fee or at a reduced rate, the party may opt out of the mandatory alternative dispute resolution process by filing with the clerk of the supreme court an affidavit stating the party is unable to afford appellate mediation. Such an affidavit must be filed within the 15 days allowed for the parties to select a mediator under rule 7(4)(b). If the affidavit is filed after the appointment of a mediator, the..."

MONTANA'S SOLUTION TO INDIGENCY: Outside the narrow $5,000 money-judgment carve-out, Montana does not compel the neutral to serve free. Where a party cannot pay and no mediator will serve without fee or at a reduced rate, the PARTY EXITS THE MANDATORY PROGRAM. This follows the Minnesota model (Minn. Gen. R. Prac. 114.01(c)) rather than the New York or New Jersey "free time" model, and stands in contrast to Maryland, where Rule 17-205(a) conditions roster membership on accepting "a reasonable number" of reduced-fee or pro bono referrals with no numerical ceiling at all.

ROSTER REQUIREMENTS - Rule 7(4)(e): "The clerk of the supreme court shall maintain 3 lists of resident Montana attorneys who are members in good standing of the State Bar of Montana, have been licensed as attorneys for no less than 5 years, and have indicated their desire to be appointed as mediators for purposes of this rule by completing and submitting to the clerk an original and 2 copies of the mediator background information form available from the clerk. The separate lists will reflect those attorneys desiring appointment as mediators for the workers' compensation, domestic relations, and/or money judgment appeals which are subject to this rule."

DOMESTIC VIOLENCE CARVE-OUT: "[U]nless each party provides written, informed consent within 15 days of the filing of the notice of appeal, the supreme court will not order appellate mediation in cases where the court has reason to suspect that one of the parties or a child of a party has been physically, sexually, or emotionally abused by the other party. An appellant or cross-appellant desiring to opt out of mandatory mediation under this provision shall certify in the notice of appeal or cross-appeal that the domestic relations case is not subject to mandatory mediation pursuant to this section of the rule." Compare New York's Part 160, which requires intimate-partner-violence screening in the ADR referral process.
For Mediation in Limited Criminal Disputes: Mediators Set Their Own Fees Except Where a Public Defender Has Been Appointed - "46-1-507. Costs. The mediation costs must be paid equally by the defendant and the prosecution, except that if a defendant is eligible for a public defender, the public defender shall pay the mediation costs."

Generally speaking, with the exception of certain specialized cases such as those involving agriculture (see Admin. R. Mont. 4.20.103 - $200/hr. fee for mediation in agriculture disputes), family law, or workers' compensation issues, Montana is a "neutral-sets-his/her-fees" state. In this regard, the State Bar of Montana has the following statement on neutral compensation (at https://www.montanabar.org/page/DisputeResolution):

"What Will the DR Cost? Mediators, arbitrators and other practitioners in a DR proceeding will charge varying fees for their services. They may also charge a flat fee for the entire procedure. Parties should consult in advance with the person they select so that the fee arrangement is fully understood by both parties. A common practice is for the parties to share the fee equally. In some cases, the services of a mediator may be free of charge. The Clerk of District Court will have more information available about DR proceedings and costs."

Furthermore, as can be seen from the columns on the left, Montana offers mediation in a limited number of CRIMINAL cases (mostly non-violent misdemeanors - See Montana Code Ann. 46-1-502). The paradigm for mediator compensation in these cases essentially follows that for appellate-level mediation, namely that mediators set their own rates, and the parties--assuming none are indigent or otherwise cannot afford mediation--share mediator fees on a pro rata basis.

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NebraskaNebraska Rev. Stat. § 25-2910
and
Nebraska Rev. Stat. § 25-2913(3)
and
Nebraska Rev. Stat. § 25-2943
and
Nebraska Rev. Stat. § 43-2942
and
Neb. Rev. Stat. § 25-2909(1)
and
Neb. Rev. Stat. § 25-2921 (Dispute Resolution Cash Fund)
For Arbitration and Mediation: Compensation as Negotiated by State Dispute Resolution Centers Created by Law -

"25-2910. Approved center; funding; fees. An approved center may use sources of funds, both public and private, in addition to funds appropriated by the Legislature. An approved center may require each party to pay a fee to help defray costs based upon ability to pay. A person shall not be denied services solely because of an inability to pay the fee."

"25-2913. Mediators and restorative justice facilitators; qualifications; compensation; powers and duties. . . . (3) An approved center may provide for the compensation of mediators and restorative justice facilitators, utilize the services of volunteer mediators and restorative justice facilitators, or utilize the services of both paid and volunteer mediators and restorative justice facilitators."

"25-2943. Referral of civil cases to mediation or alternative dispute resolution; rules of practice. A court may refer a civil case, including a contested guardianship or contested conservatorship proceeding, to mediation or another form of alternative dispute resolution and, unless otherwise ordered following a hearing upon a motion to object to such referral, may state a date for the case to return to court. Such date shall be no longer than ninety days after the date the order was signed unless the court grants an extension upon request of the parties. Any agreement or resolution made in mediation or another form of alternative dispute resolution shall be voluntarily entered into by the parties. An individual trial court, an appellate court, or the Supreme Court on its own initiative may adopt rules of practice governing the procedures for referral of cases to mediation and other forms of dispute resolution. Such services may be provided by approved centers on a sliding scale of fees under the Dispute Resolution Act [of 1991].

For Parenting Cases: "43-2942. Costs. The costs of the mediation process shall be paid by the parties. If the court orders the parties to mediation, the costs to the parties shall be charged according to a sliding fee scale as established by the State Court Administrator."
TRAINING AS A CONDITION OF THE COMPENSATION SYSTEM - § 25-2913(1)-(2): "(1) Mediators and restorative justice facilitators of approved centers shall have completed at least thirty hours of basic mediation training, including conflict resolution techniques, neutrality, agreement writing, and ethics. An initial apprenticeship with an experienced mediator shall be required for at least three sessions for all mediators without prior mediation experience. (2) In addition to the basic mediation training required under subsection (1) of this section: (a) For disputes involving marital dissolution, parenting, or child custody, mediators of approved centers shall have additional training in family mediation; and (b) For disputes involving harm done to others or the community, restorative justice facilitators of approved centers shall have additional restorative justice training that has been approved by the office. Such training should include, but not be limited to, topics such as restorative justice basics, trauma-informed practices, juvenile developmental char[acteristics]..."

Note that Nebraska imposes these requirements by STATUTE, not by court rule or roster policy - an unusual choice among the states in this Table, and one that means the qualification floor cannot be adjusted by the judiciary alone.

THE NO-COST TIER (previously omitted from this Table): Beyond the sliding fee scale, some Nebraska ADR is free outright. Per the Director of the Office of Dispute Resolution: "in Nebraska, parents can mediate through one of the approved mediation centers and have the option to be placed on the sliding fee scale. With small claims cases, many county courts offer mediation, which is provided by an approved center at no cost." Nebraska therefore operates on three tiers - full fee, sliding scale on income verification, and no cost - with the centers absorbing the difference out of a funding mix of state grants, county and municipal contributions, federal funds, and private donations.

ROSTER CONDITIONS FOR PARENTING ACT MEDIATORS: ODR approves Parenting Act mediators "who have met statutory and policy requirements including mediator training, continuing education, and apprenticeship standards; who agree to adhere to the Nebraska Standards of Practice and Ethics for Family Mediators; who demonstrate and maintain an active status as a Parenting Act mediator; and who have passed a background check." Income verification is required to be placed on a center's sliding fee scale.		Nebraska is interesting in that it represents a variant of the Colorado and Massachusetts "court-contracts-with-ADR-provider" model. The home of the Cornhuskers has a network of six dispute resolution centers that can offer a variety of ADR services, notwithstanding that mediation is mentioned most often, and which are at least partially funded by the State. See Nebraska Rev. Stat. 25-2909(1) ("The [Nebraska] [O]ffice [of Dispute Resolution] shall annually award grants to approved centers. It is the intent of the Legislature that centers be established and grants distributed statewide."). The centers then contract with neutrals for the provision of ADR services and apparently have sliding scales established based on the nature and complexity of cases.

As noted in the columns to the left, Nebraska Dispute Resolution Centers have the ability to accept not only public funds—and in this regard, note that Nebraska Rev. Stat. 25-2921 establishes a "Dispute Resolution Cash Fund" used for funding the various centers—but private donations as well. As such, Nebraska is an "everyone pitches in to support dispute resolution state", which could be an effective model for compensating New York neutrals, especially if large dispute resolution providers such as AAA, JAMS, and CPR could come together to fund neutral compensation in small scale cases.

See also the FAQ on the Cost of Mediation in ADR Handbook: Mediation and Restorative Justice Practices For Judges and Court Staff (Nebraska Office of Dispute Resolution - Updated as of Aug. 2020) at Page 10: "What does mediation cost? ODR-approved centers and private mediators alike set their own rates, and these reflect a range of rates. Nebraska’s centers set rates based on per person or per group costs, and fees are disclosed prior to commencing mediation. The Dispute Resolution Act provides that no one is to be denied access to mediation based upon inability to pay; thus, centers offer a sliding scale for fees based on the Federal Poverty Guidelines."

The FAQ on one of the six centers' websites, Nebraska Mediation Center, is consistent: "How much does mediation cost? The Nebraska Mediation Center determines charges on a per session rate based on a variety of factors such as complexity of the issues and any preparatory work that may be necessary. During your initial conversation(s) with a staff member, your fees will be discussed and an estimate of cost will be determined before proceeding. As a nonprofit mediation center, the Nebraska Mediation Center will not deny mediation services based on inability to pay. If your income and household size qualify you for a sliding scale fee, your fee will be based on your ability to pay."		Dorothy
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NevadaNev. Rev. Stat. 38.258
and
Supreme Court of Nevada Arbitration Rule 24
and
Supreme Court of Nevada Mediation Rule 10
and
Nev. Rev. Stat. § 38.255 (as amended by A.B. 3 § 2)
and
Nev. Arb. R. (NAR) 24, NAR 23, NAR 5(b)(1)(C), NAR 7(C)
and
Nev. Sup. Ct. R. Governing Alternative Dispute Resolution (RGADR)
and
A.B. 3, 83d Leg. (Nev. 2025), §§ 2, 5		STATUTORY OVERHAUL - A.B. 3, 83d Leg. (Nev. 2025). Nevada's neutral compensation scheme was restructured in 2025. Read the pre-2025 figures below as historical.

(1) THRESHOLD RAISED. Nev. Rev. Stat. § 38.250(1)(a) now provides that "[a]ll civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $100,000 per plaintiff, exclusive of attorney's fees, interest and court costs, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.249 to 38.259, inclusive, unless the parties have agreed or are otherwise required to submit the action to an alternative method of resolving disputes established by the Supreme Court pursuant to NRS 38.258, including, without limitation, a settlement conference, mediation or a short trial." A.B. 3 § 5 raised the threshold from $50,000, effective January 1, 2026.

(2) STATUTORY CAPS ABOLISHED. Prior law set the maximum compensation of an arbitrator at $100 per hour with a $1,000 maximum, and did not allow for an arbitrator's costs. Nev. Rev. Stat. § 38.255(4)(a) (pre-2025). A.B. 3 § 2 now allows arbitrators to recoup their costs and DOES AWAY WITH THESE MAXIMUMS. In their place, A.B. 3 § 2 mandates that the Nevada Supreme Court adopt rules setting the maximum compensation of an arbitrator - a delegation intended to allow flexibility in setting maximums and to permit the rates to be adjusted more frequently than by statutory amendment.

(3) ATTORNEY'S FEES. A.B. 3 § 2(4)(b)(1) raised the maximum attorney's fees an arbitrator may award from $3,000 to $15,000.

(4) IMPLEMENTING RULES - PROPOSED FIGURES. The Supreme Court's implementing ADKT redline would amend NAR 24 so that "[a]rbitrators appointed to hear cases pursuant to these rules are entitled to be compensated at the rate of [$100] $150 per hour to a maximum of [$1,000] $2,500 per case unless otherwise authorized by the commissioner for good cause shown," with the per-party advance rising from $250 to $625; and would amend NMR 10 so that "[m]ediators shall be entitled to remuneration of up to [$1,000] $2,500 per case, unless otherwise authorized by the commissioner for good cause shown."
[VERIFY - HIGH PRIORITY: confirm whether the Supreme Court has adopted these figures, and at what numbers, before publication. A.B. 3 took effect January 1, 2026 and required the Court to adopt implementing rules, so an adopting ADKT order should exist by now. Do not publish $150/$2,500 as current law without the adopting order.]

PRE-2025 TEXT, FOR HISTORICAL REFERENCE:
NAR 24(A): "Arbitrators appointed to hear cases pursuant to these rules are entitled to be compensated at the rate of $100 per hour to a maximum of $1,000 per case unless otherwise authorized by the commissioner for good cause shown. If required by the arbitrator, each party to the arbitration shall submit, within 30 days of request by the arbitrator, a sum of up to $250 as an advance toward the arbitrator's fees and costs. If a party fails to pay the required advance, the party may be subject to sanctions, including an award dismissing the complaint or entry of the non-complying party's default."
NMR 10: [retain your existing quote of subsections (A)-(E), including the $250 deposit, the district court's authority to enter judgment and a writ of execution against a delinquent party for the amount owed to the mediator together with collection fees and costs, and the NRS 12.015 indigency bar on collecting any fee or costs from any party.]

WHY THE CAPS WERE ABOLISHED - THE COURT'S OWN REASONING : "The compensation rate has not been reviewed since 2001. Arbitrator and mediator compensation varies in other states. Nevada's rate is the lowest of the states that limit the arbitrator's or mediator's hourly rate."		Nevada reorganized these rules. Part V of the Supreme Court Rules was amended by removing Subpart A (Nevada Arbitration Rules) and Subpart B (Nevada Short Trial Rules), and a new set of rules entitled "Rules Governing Alternative Dispute Resolution" was adopted to govern court-annexed ADR in the district courts, along with the Nevada Mediation Rules. Cite these as Nevada Arbitration Rules (NAR), Nevada Mediation Rules (NMR), and the Rules Governing Alternative Dispute Resolution (RGADR) - not as "Supreme Court of Nevada Arbitration Rule 24" or "Supreme Court of Nevada Mediation Rule 10." The Nevada Short Trial Rules were amended effective January 1, 2023.

NAR 23 also provides for payment of up to $250 of certain arbitrator-incurred costs by the parties, similar to those recoverable by mediators under NMR 10.

PROGRAM INTERACTION: Under Nev. Short Trial R. 4(a), all cases subject to the mandatory Court Annexed Arbitration Program in which a party has filed a request for trial de novo enter the Short Trial Program, and cases entering the Mediation Program in lieu of arbitration under the NMR that are not resolved there also enter the Short Trial Program. The party requesting trial de novo must comply with NAR 18 and pay all applicable juror fees and costs at the time of filing.

Nevada also has a dedicated Foreclosure Mediation Program that pays a flat rate of $400 per case.

Roster note: because the orientation and training mandated by NAR 7(C) is offered infrequently by the State Bar of Nevada, an individual may serve as arbitrator and be included on the list of active panel members before completing it, but must complete the next available State Bar arbitrator training to remain on the panel.

Case law: WPH Architecture v. Vegas VP, 131 Nev. Adv. Op. 88, 360 P.3d 1145 (2015) (holding that NAR 16(D) and NRCP 68 do not mandate arbitrators to award fees and costs after a prevailing party obtains a more favorable result).

SIGNIFICANCE FOR THIS TABLE: Nevada is the clearest recent example of a legislature deliberately removing a statutory compensation ceiling and delegating rate-setting to the judiciary precisely BECAUSE a fixed statutory figure had gone twenty-four years without review. That is the structural remedy for the Connecticut problem documented elsewhere in this Table, where $100/day and $25/decision figures from P.A. 82-441 have never been touched. New York should note that Nevada's own reform record identifies statutory rigidity, not the principle of compensation, as the failure point.		Dorothy
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New Hampshire
N.H. Superior Ct. Civ. R.
33(h)(1), (2)
and
N.H. Supreme Ct. Proc. R. 12-A(5)
and
N.H. Supreme Ct. Admin. R.
48-B(5)(a), (b)(ii)
and
N.H. Const. pt. 2, art. 73-a
and
N.H. Rev. Stat. Ann. § 461-A:7, § 458:15-c		Legislative Authority for Supreme Court to Issue ADR Rules: "[Art.] 73-a. [Supreme Court, Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. He shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. The rules so promulgated shall have the force and effect of law."

For Arbitration: Arbitrators Set Their Fees - "(h) Arbitration Panel. . . . (1) When the parties choose arbitrator(s) from the list of approved paid arbitrators, the parties shall notify the arbitrator(s) and request that the arbitrator(s) provide the parties with a schedule of fees and expenses. (2) Unless the court orders or the parties otherwise agree, arbitrators who are chosen from the list of approved paid arbitrators shall be compensated as follows. In the event a single arbitrator is selected, the parties shall equally share the costs of the arbitrator. When there are two parties and they select a three-person panel, each party shall pay for the arbitrator selected by the party and share the fees of the third panel member. When there are three parties and they select a three-person panel, each party shall be responsible for the arbitrator selected by the party. In the event there are more than three parties, the parties shall pay a pro rata share of the entire arbitration panel's fees."

For Mediation: Flat Fee of $225 Per Party in a Wide Range of Civil Cases Unless Otherwise Ordered by Court - "(5) Any order referring a case to mediation shall impose a fee of $225.00 per party to be paid to the mediation and arbitration fund. This fee will be used to pay mediator compensation, and is not refundable. On its own motion, or upon motion of the parties, the court may order an individual $225.00 fee to apply to multiple plaintiffs or defendants, if under the circumstances of the case, the court determines that the per party fee would cause undue hardship if it were applied to individual parties, or if one fee for multiple parties on the same side is deemed equitable by the court. Parties who are indigent may petition the court for waiver of the fee."

For Mediation of Family Law Cases - N.H. Sup. Ct. R. 48-B: $450 Per Case for the First Four Hours, Allocated by the Court, Then a Sliding Scale by Income, With STATE FUND PAYMENT TO THE MEDIATOR in Indigency Cases

(1) Scope: "The provisions of this rule shall apply to proceedings in which the parties participate in court-connected mediation under RSA 461-A:7 and RSA 458:15-c, including reopened cases under either statute."
(2) Purpose: "This rule outlines how and when parties engaged in mediation pay their mediation fee. This rule also provides guidance for mediators in collecting fees."

CURRENT FEE: "Court-connected mediation costs $450 per case for up to four hours of mediation and one hour of administrative work related to mediation. The court splits the fee between the parties and often splits it so that each party pays $225 for mediation. The fee for additional hours of mediation after the first four hours is determined by your income." (N.H. Judicial Branch, Divorce/Parenting Mediation and NCE) [VERIFY the amended Rule 48-B(4)-(5)(a) text - the fee was formerly $300; the legacy courts.state.nh.us rule page still displays $300 and should not be relied on]

(4) Disclosure of Fees - MANDATORY WRITTEN AGREEMENT BEFORE MEDIATION BEGINS: "Before mediation begins, the mediator shall provide the parties a written mediation agreement disclosing both the set fee of [$300 - VERIFY whether now $450], which includes the first four hours of mediation services and up to one hour of administrative work related to the mediation, and the hourly fee for any time that exceeds the five hours. This disclosure of both fees shall be prominently displayed. Before mediation may begin, the mediation agreement shall be signed by the parties, the mediator, and if present, counsel."

(5)(b)(i) Extension Beyond Four Hours - ADMINISTRATIVE APPROVAL WHERE A PARTY IS INDIGENT: "The mediator shall share the sliding scale with the parties at that time. If both parties want to continue mediation beyond four hours, and at least one party is indigent, the mediator shall contact the Office of Mediation and Arbitration to receive approval. The Office of Mediation and Arbitration will notify the mediator within seven (7) days if another four hours has been approved. If both parties want to continue mediation beyond four hours and neither party is indigent, the mediator has discretion to proceed."

(5)(b)(ii) Sliding Scale by Individual Gross Annual Income: "If additional hours are agreed upon, each party's fee will be determined by the party's individual gross annual income. Each party shall pay the mediator at the hourly rate listed below, unless the court orders one party to pay all or a portion of the other's fees or payments from an asset, as justice requires." [$10,000 and under - $15/hr; $10,001-$15,000 - $20/hr; $15,001-$20,000 - $25/hr; $20,001-$30,000 - $35/hr; $30,001-$35,000 - $45/hr; $35,001-$40,000 - $55/hr; $40,001-$50,000 - $65/hr; $50,001-$100,000 - $75/hr; $100,001 and above - $100/hr]

(5)(b)(iii) THE FUND - STATE PAYMENT TO THE MEDIATOR (previously omitted from this Table): "If a party is indigent, a party may pay the mediator directly or may qualify to have that party's mediation fee paid to the mediator from the Fund estab[lished]..." The mediator's own certification form corroborates the mechanism: "I am approved for payment of my sliding scale mediation fee through the Fund." and "If a party or parties do not qualify for payment from the Office of Mediation and Arbitration and the parties have agreed to continue with mediation beyond 5 hours, the party or parties will pay the mediator directly for mediation services beyond 5 hours." (Form NHJB-2052-F)

SIGNIFICANCE: New Hampshire does NOT ask family mediators to absorb indigency. Where a party qualifies, the State pays the mediator's sliding-scale fee out of a dedicated Fund administered by the Office of Mediation and Arbitration. This places New Hampshire alongside Colorado (State pays $40 per party per hour in indigency cases) rather than alongside New York, New Jersey, or Maryland. Parties apply by filing a Mediation Payment Worksheet with the court, which determines eligibility for financial assistance.		In family law mediations, cancellation fees are established by law. See N.H. Supreme Ct. Admin. R. 48-B(6)(c) ("(c) Non-appearance. If a party receives notice but does not appear for a scheduled mediation session, or cancels or reschedules the mediation session less than 2 business days before the session, the case may be scheduled for the next court event. The non-appearing party shall pay the mediator a failure-to-appear fee of $120. If neither party appears, each party shall pay the mediator a failure-to-appear fee of $60. The mediator has discretion to waive failure-to-appear fees."

Also, New Hampshire's Superior Court—the state's trial-level court of general jurisdiction—has a specific rule mandating ADR for practically every type of civil case that is filed. See N.H. Superior Ct. Civ. R. 32(a) ("(a) Cases for Alternative Dispute Resolution. (1) All civil cases shall be assigned to ADR, with the exception of those exempted in paragraph (2). (2) The following categories of civil actions are exempt from the requirements of this rule. (a) Actions where the parties represent by joint motion that they have engaged in formal ADR before a neutral third party prior to suit being filed. (b) Actions exempted by the court on motion and for good cause, but only when said motion is filed within 180 days of the court ordered service date.").

Finally, New Hampshire has a special Business Court Mediation program for cases having an amount-in-controversy more than $50,000 in which mediators are permitted to charge market rates. See https://www.courts.nh.gov/resources/mediation/superior-court-adr/civil-cases/business-court-mediation for more information. ("How does the process work? . . . 2. If a mediator is chosen from the list of approved mediators for the business court it is important to note that they are all 'market rate' neutrals. This means that they will be compensated at the hourly rate posted on their bio sheets for the work that they are doing in the case. There are no volunteer mediators on this specialized roster. Parties may select a neutral who is not on the court's lists of approved neutrals if the parties agree on the choice of the neutral.").
Note on rule nomenclature: Rule 48-B is part of the Rules of the Supreme Court of the State of New Hampshire, appearing among Administrative Rules 35 to 59 alongside Rule 48 (Counsel Fees - Other Indigent Cases), Rule 48-A (Guardians Ad Litem Fees - Indigent Cases), and Rule 48-C (Mileage Reimbursement). Cite it as N.H. Sup. Ct. R. 48-B.

Note on domain: the New Hampshire Judicial Branch migrated to courts.nh.gov. Legacy pages at courts.state.nh.us remain live but are not reliably current - the legacy Rule 48-B page still displays the superseded $300 figure. Do not cite the legacy domain.		Dorothy
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New Jersey
N.J. Ct. R. 1:40-1, 1:40-4(b), 1:40-12(b)-(c)
and
N.J. Ct. R. App. XXVI (Guidelines for the Compensation of Mediators), Guidelines 1, 6, 11, 15
and
N.J. Ct. R. 4:21A-2(e) (as amended June 24, 2025, eff. July 1, 2025)
and
N.J. Ct. R. 1:13-2(a) (indigency fee waiver)

For Arbitration (mandatory in certain case types, including but not limited to personal injury): Set Per Diem or Hourly Rates Depending on Whether Arbitrators Are Assigned or Stipulated To - N.J. Ct. R. 4:21A-2(e), as amended effective July 1, 2025:

"(e) Compensation of Arbitrators. (1) Assigned Arbitrators. Except as provided by subparagraph (2) hereof, a single arbitrator designated by the civil division manager, including a retired judge not on recall, shall be paid a per diem fee of $400. Two-arbitrator panels shall be paid a total per diem fee of $650, to be divided evenly between the panel members. (2) Stipulated Arbitrators. Arbitrators stipulated to by the parties pursuant to R. 4:21A-2(a) shall be compensated at the rate of $70 per hour but not exceeding a maximum of $400 per day. If more than one stipulated arbitrator hears the matter, the fee shall be $70 per hour but not exceeding $650 per day, to be divided equally between or among them. The parties may, however, stipulate in writing to the payment of additional fees, such stipulation to specify the amount of the additional fees and the party or parties paying the additional fees."

RATE HISTORY: Per diem compensation rose from $350 to $400 for a single arbitrator and from $450 to $650 for a two-arbitrator panel, and the stipulated-arbitrator daily caps rose from $350 to $400 and from $450 to $650, by order of the Chief Justice dated June 24, 2025, effective July 1, 2025, on the recommendation of the Joint Working Group on Arbitration Rules and Procedures. Note that the $70 HOURLY rate for stipulated arbitrators was NOT increased - only the daily ceiling moved. The same order limited arbitration statements to five pages with exhibits not to exceed 35 pages (R. 4:21A-4(a)), granted a 10-day grace period to move for trial de novo after missing the 30-day window (R. 4:21A-6), and increased the trial de novo fee.

For mediation, two hours of free time divided between preparation, preliminary conference, and session time, all paid by the parties but "subject to court review and allocation to create equity" - "(b) Mediators on the court's Rosters of Civil and Family Mediators shall serve free for two hours in a mediation that is court-ordered. The two free hours shall be divided equally between (a) reasonable preparation time, administrative tasks, the organizational telephonic conference, and (b) an initial mediation session." THE FREE-TIME OBLIGATION ATTACHES ONLY TO ROSTER MEDIATORS: Per the Judiciary's own Law Division CDR materials - "Under Court Rule 1:40-4(b), any mediator who is on the roster will provide the first two hours on a case, including an initial one hour session, without charge before a party may opt out of mediation. Thereafter, mediators will generally be paid their market rate fee which is to be shared by the parties in interest. Fees will be waived in any case covered by Court Rule 1:13-2(a). Any mediator selected by the parties who is not on the roster may negotiate a fee with the parties from the outset and need not provide the free time."

Three consequences follow, none of them previously captured in this Table:
(1) The two free hours are the price of ROSTER MEMBERSHIP, not a feature of court-ordered mediation as such. An off-roster mediator chosen by the parties negotiates from the first minute.
(2) The free two hours function as the window during which a party may opt out - so the roster mediator's uncompensated time is what finances the party's decision whether to proceed at all.
(3) Under R. 1:13-2(a), fees are WAIVED ENTIRELY in indigency cases - i.e., the roster mediator absorbs the full cost, with no state reimbursement (contrast Colorado, where the State pays the neutral $40 per party per hour in indigency cases).		The overall compensation scheme is not as simple as the excerpt in the left column might lead one to believe for mediation. For instance, with proper disclosures via a mediation agreement, preparation time in excess of one hour is compensable, as is detailed in the Guidelines for the Compensation of Mediators (Appendix XXVI), even before the initial mediation session takes place. per Guideline 15: "In a complex case, if the parties agree that it is reasonable that preparation, initial administration and the organizational telephone conference should exceed one hour, they may agree to compensate the mediator for such time in excess of one hour before an in-person mediation session is held." However, the same Guidelines also clearly provide for (and right "off the bat" in Guideline 1) a default of "no compensation whatsoever" or arguably even expenses, including but not limited to travel time and expenses:

"Travel time may not be included as part of the free first two hours. Unless otherwise provided in these guidelines, no fee, retainer or other payment may be charged or paid prior to the conclusion of the two free hours."

Guideline 11 goes even further to require mediators to actually take losses on expenses that are typically paid to attorneys in litigation (unless they agree otherwise in advance with the parties): "11. Mediator's Expenses: Unless the parties otherwise agree in writing in advance following full disclosure, mediators may not charge for travel costs or time, use or rental of facilities, paralegal expenses, food, photocopying, postage, conference calls or other expenses. Note: The parties are responsible for the costs of the organizational conference call as provided in Guideline 6 above."

As such, New Jersey Court Rule 1:40-4(b) is one of the more complicated mediation compensation (or, arguably, anti-compensation) statutes in effectively incorporating the Guidelines for the Compensation of Mediators, which is referenced five times in its one paragraph of text, into it.
APPENDIX XXVI IS EMBEDDED IN MANDATORY TRAINING: N.J. Ct. R. 1:40-12(b) requires mediators who took out-of-state training, or who took the 40-hour New Jersey mediation training more than five years before applying to the roster, to attend a six-hour supplemental AOC-approved course. There are two distinct supplemental courses, one for family mediators and one for civil mediators, and both must include training in "Guidelines for Mediator Compensation (see Appendix XXVI to these Rules)," the Uniform Mediation Act (N.J.S.A. 2A:23C-1 to -13), facilitative methods, case management techniques, procedural requirements for an enforceable mediated settlement, New Jersey Rules and mediator ethics, and mediation case law. New Jersey therefore does not merely impose the compensation guidelines - it requires prospective roster mediators to be formally instructed in them as a condition of admission.

ARBITRATOR ROSTER MECHANICS: Arbitrators must meet the minimum qualifications in R. 4:21A-2 and, under R. 1:40-12(c), must be annually recommended for the approved roster by the local arbitrator selection committee and approved by the Assignment Judge or designee. Applications go to the county arbitration administrator, not directly to the selection committee, and appointments to the roster cannot be provisional. The local selection committee annually reviews the roster in consultation with the civil presiding judge, civil division manager, and arbitration administrator, and makes removal recommendations to the Assignment Judge. See R. 4:21A-2(b).
Anwi Gudivada
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New MexicoN.M. Stat. Ann. § 44-7A-22(d)
and
N.M. Stat. Ann. § 34-6-45(B)
and
N.M. Second Judicial Dist.
Local R. 2-603(IV)(D)
and
N.M. Second Judicial Dist.
Local R. 2-602(M)
and
N.M. Third Judicial Dist.
Local R. 3-601(B)(2)
and
N.M. Thirteenth Judicial Dist.
Local R. 13-602(J)
and
N.M. Stat. Ann. §§ 44-7B-1 to -6 (Mediation Procedures Act)
and
Rule 23-106.1(C) NMRA (out-of-cycle local rule amendments)
and
LR3-401, LR3-601 NMRA
and
New Mexico Supreme Court Sliding Fee Scale (approved for cases filed on or after
Sept. 1, 2018)
For Arbitration by Prior Agreement of Parties: Arbitrator Determines His/Her Financial Destiny - "44-7A-22. Remedies; fees and expenses of arbitration proceeding. . . . (d) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award."

Authority for District Courts to Establish ADR Programs - "34-6-45. District courts; alternative dispute resolution; fee. . . . B. A judicial district may establish an alternative dispute resolution program by court rule approved by the supreme court. Parties shall pay the cost of the alternative dispute resolution program pursuant to a sliding fee scale approved by the supreme court. The sliding fee scale shall be based on ability to pay. The fee shall be paid to the district court to be credited to the fund."

For Court-Annexed Mandatory Non-Binding Arbitration in Civil Cases in the Second Judicial District for Money Damages Only with Amount-in-Controversy Not Exceeding $50,000: $100 Per Case Paid by the Court

THRESHOLD AMENDMENT: In accordance with Rule 23-106.1(C) NMRA, the Supreme Court approved out-of-cycle amendments to LR2-603 NMRA increasing the arbitration limit from $25,000 to $50,000. Under the amended rule, all civil cases filed in the Second Judicial District shall be referred to arbitration when no party seeks relief other than a money judgment and no party seeks an amount in excess of $50,000, exclusive of punitive damages, interest, costs and attorney fees. Effective for all cases pending or filed on or after June 1, 2022. (Rule as approved March 9, 2022, RCR No. 1217.)

[Retain the existing LR2-603 compensation quote: "The court shall compensate arbitrators in the amount of one hundred dollars ($100.00) per case... Failure to submit a request shall be deemed a waiver of compensation. Arbitrators compensated by the parties... shall not be compensated by the court."]

PROGRAM MECHANICS: Arbitrators are assigned by the Court and must be attorneys with at least five years of experience who reside or have an office in Bernalillo County. "Arbitrators may be paid $100 by the Court. There is no charge to the parties unless the parties select their own arbitrator. If the parties select their own arbitrator, they may be required to pay the arbitrator's fee." The award is non-binding and either party may appeal, whereupon the assigned district judge hears the case de novo. The Court reports that 87% of cases are resolved without an appeal.

Note the permissive "may be paid" — the $100 is an authorization, not a guarantee, and the arbitrator forfeits it entirely by failing to submit a written request within thirty days.
For Court-Annexed Mandatory Settlement Conferences in Most Civil Cases in the Second Judicial District Outside of "Settlement Weeks": Reasonable Compensation Ordered by Court - "M. Compensation to settlement facilitator. Compensation shall not be required for any settlement facilitator for a settlement conference conducted as part of a settlement week. The court may order the parties to pay reasonable compensation to the facilitator for a settlement conference not conducted as part of a settlement week. Judges shall not receive compensation for serving as settlement facilitators."

For Court-Annexed Mandatory Settlement Conferences in Civil Cases in the Third Judicial District at Any Time: "Reasonable Compensation" as Determined by the Court in the Absence of Party Agreement - "(2) Payment to facilitator. If the parties agree to a facilitator, they are presumed to agree to pay that facilitator’s fees. In the event that the facilitator is appointed by the court, the parties are expected to inquire about what that facilitator charges. If the facilitator’s fees are deemed unreasonable, either party may motion the court for a determination of an appropriate fee or for another facilitator assignment. Each party shall pay directly to the settlement facilitator the fee due from the party within thirty (30) calendar days from the date of the settlement conference." THIRD DISTRICT — PRACTICAL RATE: "Local rules mandate an attempt at facilitation of many civil cases, with some exceptions. Facilitators may be chosen by parties (or their attorneys) or by the Court, through the ADR Office. Cost can vary, but a typical facilitation will cost $500 for a half day. This cost is shared by the parties." The Third District's ADR programs are outlined in LR3-401 and LR3-601 NMRA, and the pool of mediators/settlement facilitators consists of both practicing and non-practicing attorneys as well as non-attorneys. Referral is by the assigned District Court Judge via Scheduling Order; upon referral, the parties may select their own settlement facilitator.

Four Court-Annexed Mandatory Settlement Conferences or Mediations in Civil Cases in the Thirteenth District at Any Time: "Reasonable Compensation" as Determined by the Court Via Reference to a Sliding Fee Scale Approved by the Supreme Court in the Absence of Party Agreement But Collected by the Court - "J. Compensation to mediators and settlement facilitators. The court may order the parties to pay reasonable compensation to the mediator or settlement facilitator. Mediators and settlement facilitators may be compensated in one of the following ways: (1) Parties unable to afford the full cost of ADR may request the court assign a mediator or settlement facilitator willing to accept reimbursement at an amount set by the court. Parties who receive a mediator or settlement facilitator paid out of court funds shall each pay a fee according to the sliding fee scale adopted under these local rules, and approved by the Supreme Court. ADR shall not commence until the fee owed by each party is paid in full to the clerk of the court. The parties shall be responsible for providing a copy of the receipt of the required court fee to the mediator or settlement facilitator before ADR begins. The fee may be waived at the discretion of the court. (2) The parties may select a mediator or settlement facilitator and negotiate a fee that shall be shared among the parties."
THE SLIDING FEE SCALE IS A SUPREME COURT INSTRUMENT, NOT A DISTRICT ONE: The New Mexico Supreme Court approved the sliding fee scale for cases filed on or after September 1, 2018, and districts apply it "whenever practical, no matter when your case was filed." Districts adopt it for different program types:

- Thirteenth District (Cibola, Valencia, Sandoval Counties): "All participants in Court-connected mediation will be charged a fee according to the New Mexico Supreme Court Sliding Fee Scale." ADR is conducted by attorneys or other professionals as agreed upon by the parties and/or ordered by the Court. A judge may refer a case to ADR without a party's request, and a party need not be represented to request referral.
- Eleventh District: applies the scale to its Mediation Program where parents are ordered into mediation with child custody at issue in a Domestic Matters case, and to its Safe Exchange/Safe Visitation (SESV) Program.
- Ninth District: maintains its own published Mediation Program Sliding Fee Scale.

CONSEQUENCE: New Mexico's indigency mechanism is a single statewide schedule administered district by district, with the shortfall covered from court funds under NMSA § 34-6-45(B) rather than absorbed by the neutral. This places New Mexico with Colorado, New Hampshire, North Dakota, and Nebraska rather than with the free-time states.		New Mexico has thirteen judicial districts (34 district courts). Court-annexed ADR operates through local district rules authorized by NMSA § 34-6-45(B), with no single statewide ADR program — but with one statewide instrument: the New Mexico Supreme Court Sliding Fee Scale, approved for cases filed on or after September 1, 2018, which districts apply to their own programs. Mediation itself is governed statewide by the Mediation Procedures Act, NMSA §§ 44-7B-1 to -6, whose confidentiality protections practitioners treat as applying to settlement facilitations as well. The Second District's settlement facilitation rule, LR2-602 NMRA, is regarded as the most specific in the state and is used as a model by most practitioners; LR2-602(H) requires the parties to provide the settlement facilitator an information letter, a requirement that distinguishes settlement facilitation from mediation in practice.

Citation note: New Mexico local rules are cited as "LR2-603 NMRA," not as "N.M. Second Judicial Dist. Local R. 2-603." Out-of-cycle amendments are approved by the Supreme Court under Rule 23-106.1(C) NMRA and published in the State Bar of New Mexico Bar Bulletin.
Interestingly, New Mexico's Second and Third Judicial Districts do not distinguish between mediation and settlement conferences, effectively treating them as identical dispute resolution processes, whereas New Mexico's Twelfth Judicial District specifically mentions mediation and provides for mediator compensation based on a sliding fee scale. See N.M. Twelfth Judicial Dist. Local R. 12-603(D) ("D. Mediation fees. Each party shall pay a fee to the court clerk’s office to offset the costs of the alternative dispute resolution program before mediation has begun. The parties shall fill out a financial information sheet and their fee shall be determined by using the sliding fee scale approved by the Supreme Court."); see also N.M. Fourth Judicial Dist. Local R. 4-601(B)-(C) (distinguishing between "mediation" and "settlement facilitation" while also providing for neutral compensation based on a sliding fee scale that establishes a set absolute minimum fee of $10/hr. per party unless otherwise determined by the Court).

Also, court-annexed arbitration does not exist outside the Second Judicial District, although until 2016, the Third Judicial District used to have such a program with arbitrators essentially determining their fees pursuant to court oversight. See N.M. Third Judicial Dist. Local R. 3-708(D) (2016), which is discussed in William P. Lynch, "Problems with Court-Annexed Mandatory Arbitration: Illustrations from the New Mexico Experience", 32 N.M.L. Rev. 181, 212 (2002) ("In contrast, the Third District requires the parties to pay fees to the arbitrator based upon an unpublished fee schedule and allows the arbitrator to apply for additional compensation if she feels that the fee is inadequate. This provision presents several obvious problems. First, the District is requiring parties to pay an additional unspecified fee to participate in a program mandated by the court. Although the legislature has approved payment of an additional fifteen-dollar docket fee to create an ADR fund to pay for the cost of operating ADR programs, there is no legislative approval for requiring the parties to pay the arbitrator's fee. Second, because compensation for the arbitrator will not vary greatly with claim size, this additional cost will impose a greater burden on plaintiffs with small claims. Third, the District needs to publish its fee schedule so that all parties have notice of the fees to be paid to the arbitrators."). 		Dorothy
Kaldi
&
Anwi Gudivada
35
New YorkRules of the Chief Judge 28.10(a)
and
C.P.L.R. 7513
and
22 NYCRR Part 60 (Rules of the Chief Judge, Alternative Dispute Resolution
in the Trial Courts) (adopted Dec. 2023)
and
22 NYCRR Part 160 (Rules of the Chief Administrative Judge, Alternative Dispute
Resolution in the Trial Courts), §§ 160.1, 160.2, 160.3, 160.5 (eff. Feb. 13, 2024)
and
22 NYCRR § 146.4(b) (mediator training)
and
22 NYCRR § 28.10(a) (Rules of the Chief Judge, compensation of arbitrators)
and
Sup. Ct. N.Y. Cnty. Commercial Mediation Rules; General Civil Mediation Rules 		For Court-Ordered Arbitration in Low-Amount-in-Controversy (<=$6,000 Outside of NYC; <=$10,000 Inside of NYC) Civil Cases Where Only Money Damages Are Sought: As Set by the Court But Only to the Extent There is Money Available - "Section 28.10 Compensation of arbitrators. (a) The Chief Administrator shall provide for the compensation, including expenses, payable to each arbitrator to the extent of money available to the administrative office for the courts for this purpose. Claims for such compensation shall be made to the commissioner after entry of the award on forms prescribed by the Chief Administrator, except that a claim for compensation of the chairperson of a panel also may be made where the action is settled or withdrawn after a panel hearing date has been scheduled but before the hearing is commenced, and a claim for compensation of an arbitrator other than a chairperson may be made where the action is settled or withdrawn within three days of the date scheduled for the hearing. The commissioner shall forward all claims approved by him to the Chief Administrator. Any arbitrator may apply to the commissioner for reimbursement of extraordinary expenses necessarily incurred by him in the same manner as provided for application for ordinary compensation."

For Arbitration by Prior Agreement of Parties: Arbitrator Determines His/Her Financial Destiny But Subject to Court Oversight - "§ 7513. Fees and expenses. Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including attorney's fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. The court, on application, may reduce or disallow any fee or expense it finds excessive or allocate it as justice requires."

For Mediation: No compensation until time limits (ranging from 90 minutes to 4 hours) have been exceeded".

THE PRESUMPTIVE REFERRAL MANDATE — 22 NYCRR § 160.2(a)(1): "As provided in this Part, a state-funded court of the UCS shall refer each civil dispute pending before it to an appropriate ADR process at the earliest practicable time unless: (i) such referral is prohibited under statute, local rule of court, or administrative order of the Chief Administrator of the Courts or the Chief Administrator's designee, (ii) the court determines that the parties cannot participate effectively in an ADR process or that, for any other reason, referral to such a process will not serve the interests of justice, (iii) a party to the dispute objects to and opts out from such referral in accordance with local rule of court or administrative order of the Chief Administrator or designee, (iv) the court determines, in consultation with the local Administrative Judge, that insufficient ADR resources, including but not limited to, mediators and neutral evaluators, are currently available, or (v) there are allegations of domestic violence as defined by the New York State [Domestic Relations Law]."

THE COMPENSATION AUTHORITY — 22 NYCRR § 160.2: "Nothing in this paragraph shall prohibit the Chief Administrator from prescribing, by administrative order, rules of general applicability regulating the compensation of neutral third parties in appropriate case types."

This sentence is the single most important development for neutral compensation in New York since this Table was first compiled. It establishes, by rule of the Chief Administrative Judge, express authority for the Chief Administrator to regulate neutral compensation statewide by administrative order — without further legislation. The question in New York is therefore no longer whether authority exists. It is whether the Chief Administrator exercises it.

COMPENSATION IS OTHERWISE PUSHED DOWN TO THE JUDICIAL DISTRICTS — 22 NYCRR § 160.5 (Local ADR Rules): "Following consultation with local bar associations and, as appropriate, with others, including but not limited to the Chief Judge's Advisory Committee on ADR, the UCS Commercial Division Advisory Council, and the Office of Court Administration Office of ADR, and with the approval of the appropriate Deputy Chief Administrative Judge, each District Administrative Judge shall develop local rules for the implementation of this Part in the courts of the Judicial District over which such District Administrative Judge exercises jurisdiction."
There is no single statewide New York mediator compensation rule. Rates, free-time thresholds, and opt-out mechanics vary by Judicial District under § 160.5 local rules. Any statement of a New York rate must identify the District and the version date of the local rule. As one data point, the Supreme Court, New York County Commercial Mediation Rules provide that where the parties select the mediator, the mediator is compensated at $450 per hour commencing from the outset of the initial mediation session.

MEDIATOR QUALIFICATIONS: Part 160 continues to route qualification and training through 22 NYCRR § 146.4(b). Section 160.1(f) defines "mediation-trained court staff" as UCS employees who have completed the training required of a mediator under § 146.4(b), or its equivalent as approved by the administrative judge of the judicial district in which they serve, in consultation with the Division of ADR of the UCS.

CONFIDENTIALITY — § 160.3(a): "Except as otherwise provided herein or as otherwise required by law, all communications, memoranda, and work products made in preparation for, during, or in connection with an ADR process conducted by a mediator or neutral evaluator to whom a dispute is referred pursuant to this Part shall be confidential and not subject to disclosure in any judicial or administrative proceeding." Section 160.3(b)(1) permits a mediator or neutral evaluator to report session information to court ADR program administrative personnel, including the duration of a session conducted.
E.D.N.Y.: mediators receive $600 for the first four hours or less of the actual mediation and $250 per hour thereafter, paid by the parties; time spent preparing is not compensated. Panel members may be required to mediate up to two cases pro bono each year if requested by the court. Arbitrators are compensated $250 per case by the court, with $100 per arbitrator where a party requests three arbitrators, and the certifying Judge may entertain a petition for additional compensation in a protracted arbitration hearing, subject to Judicial Conference limits.

S.D.N.Y.: uncompensated, and compensation is affirmatively prohibited. CORRECT THE CITATION — the program is governed by S.D.N.Y. Local Civil Rule 83.9 and the Mediation Program Procedures, not by "Mediation Procedure 16(c) (July 21, 2020)." The Procedures have been reissued multiple times since 2020; cite the current version.

N.D.N.Y.: General Order #47 (Mandatory Mediation Program) was re-entered February 14, 2025. Re-pull the current hourly figures and the URL from that order rather than from the prior version.

W.D.N.Y.: mediators receive $150/hour for the first two hours of the initial mediation session, without compensation for preparatory time; thereafter no more than their Court-approved hourly rates for time spent in mediation and for preparation authorized or reasonably anticipated by the parties or counsel between sessions. Inapplicable to mediators not selected from the Court's Mediator Panel List. W.D.N.Y. ADR Plan § 5.4.		VI, § 30: "Nothing herein contained shall prevent the adoption of regulations by individual courts consistent with the general practice and procedure as provided by statute or general rules." That question has been resolved in practice. Part 60 of the Rules of the Chief Judge was adopted in December 2023 and Part 160 of the Rules of the Chief Administrative Judge took effect February 13, 2024, establishing presumptive ADR statewide by rule rather than by statute — and § 160.2 expressly reserves to the Chief Administrator the power to regulate neutral compensation by administrative order. The same rule-making route that produced compensation for court-ordered mandatory arbitration under 22 NYCRR § 28.10 is therefore available for mediation. What is missing is not authority. It is exercise of that authority.

THE SUPPLY CLAUSE — § 160.2(a)(1)(iv). Part 160 permits a court to decline referral where "the court determines, in consultation with the local Administrative Judge, that insufficient ADR resources, including but not limited to, mediators and neutral evaluators, are currently available." This provision makes the compensation question operationally self-executing: to the extent uncompensated service suppresses the supply of qualified neutrals, the presumptive referral mandate simply switches off in the districts where supply is thinnest. New York has thus written the consequence of undercompensation into the rule as an exception to its own mandate, rather than addressing the cause.

IMPLEMENTATION REMAINS UNEVEN. As commentators observed shortly after enactment, Part 160 was adopted with minimal fanfare, and how it would be applied at the local level remained to be determined; under § 160.5, each District Administrative Judge was to develop local implementing rules addressing selection processes and related matters. Local rules have issued on differing timetables and continue to be revised — the Ninth Judicial District's rules, for example, were revised in May 2025 and again in January 2026. Any citation to a New York local ADR rule should carry its revision date.

NEW YORK COUNTY STRUCTURE. Supreme Court, New York County maintains separate Commercial Mediation Rules and General Civil Mediation Rules. Commercial Division cases pending in New York County Supreme Court are presumptively eligible for mediation; non-Division commercial cases are presumptively eligible as permitted by order of the Administrative Judge. Parties should participate at the earliest practicable time and may participate in or return to mediation at any stage. All cases referred to mediation must attend a post-mediation compliance conference with the judge or the judge's law clerk no later than 60 calendar days after referral, and parties failing to follow the ADR rules may be required to attend a compliance conference at which the assigned justice may impose sanctions.

NYC MARKET STANDARD: average fees in New York City are approximately $300 per hour for private mediations in family, workplace, and commercial cases; attorney mediators and those in greater demand may charge more; federal and other mediation rosters generally pay $500-$800 per case or $100-$200 per hour. Mediators may charge for all time spent on a case or only for time spent in session, and travel and other out-of-pocket costs are generally paid by the parties. Source: "Tips for Becoming a Mediator in NYC," John Jay College Dispute Resolution Center.

THE S.D.N.Y. OUTLIER : the Southern District's affirmative prohibition on any compensation, relative to the E.D.N.Y., N.D.N.Y., and W.D.N.Y., has been criticized. See Gary P. Shaffer, Automatic Court Annexed Mediation in New York's Federal District Courts: Sometimes Numbers Don't Lie at 9 (NYSBA 2018) ("Lawyers and judges expect to be paid for their work... The Southern District program has no compensation, and all mediators participating in the program work for free. This should change... Given the amount of prep work, mediation work, and often follow up work required for a successful mediation, the courts should ensure that mediators in their programs are properly compensated.").
Anwi Gudivada
36
North CarolinaN.C. Gen. Stats. § 7A-37.1(a)-(c2)
and
S. Ct. N.C. Rules for Court-Ordered
Arbitrations 4(b) and 5
and
N.C Gen. Stats. § 1-569.21(d)
and
N.C. Gen. Stats. § 7A-38.1(k)
and
S. Ct. N.C. Rules for Mediated
Settlement Conferences and Other
Settlement Procedures 4(d), 5, and 7
and
11 N.C. Admin. Code 23G.0107 (Industrial Commission mediator fees)		For Mandatory Non-Binding Arbitration in Most Civil Cases in District (as Opposed to Superior) Court - $100 Per Case, Split by the Parties, with Fee Shifting Possible in Appeals in Small Claims Cases - "§ 7A-37.1. Statewide court-ordered, nonbinding arbitration in certain civil actions. (a) The General Assembly finds that court-ordered, nonbinding arbitration may be a more economical, efficient and satisfactory procedure to resolve certain civil actions than by traditional civil litigation and therefore authorizes court-ordered nonbinding arbitration as an alternative civil procedure, subject to these provisions. (b) The Supreme Court of North Carolina may adopt rules governing this procedure and may supervise its implementation and operation through the Administrative Office of the Courts. These rules shall ensure that no party is deprived of the right to jury trial and that any party dissatisfied with an arbitration award may have trial de novo. (c) Except as otherwise provided in rules promulgated by the Supreme Court of North Carolina pursuant to subsection (b) of this section, this procedure shall be employed in all civil actions in district court, unless all parties to the action waive arbitration under this section. (c1) Except as provided in subsection (c2) of this section, in cases referred to nonbinding arbitration as provided in this section, a fee of one hundred dollars ($100.00) shall be assessed per arbitration, to be divided equally among the parties, to cover the cost of providing arbitrators. Fees assessed under this section shall be paid to the clerk of superior court in the county where the case was filed and remitted by the clerk to the State Treasurer. (c2) In appeals in small claims actions under Article 19 of Chapter 7A of the General Statutes, if (i) the arbitrator finds in favor of the appellee, (ii) the arbitrator's decision is appealed for trial de novo under G.S. 7A-229, and (iii) the arbitrator's decision is affirmed on appeal, then the court shall consider the fact that the arbitrator's decision was affirmed as a significant factor in favor of assessing all court costs and attorneys' fees associated with the case in both the original action and the two appeals, including the arbitration fee assessed under subsection (c1) of this section, against the appellant."

The North Carolina Supreme Court's Rules for Court-Ordered Arbitrations (citations in left column) further detail payment of fees, including but not limited to the ability of arbitrators to obtain liens and judgments in non-payment situations.

For Arbitration as Agreed to by the Parties But Enforced by the Court - Arbitrator Determines His/Her Financial Destiny - "§ 1-569.21. Remedies; fees and expenses of arbitration proceeding. . . . (d) An arbitrator's expenses and fees, together with other expenses, shall be paid as provided in the award."

For Court-Ordered Mediated Settlement Conferences in Superor Court Civil Cases: Administrative Fee of $175 Per Case Plus $150 Per Hour (see "Comments" column for more information about other types of cases) - "§ 7A-38.1. Mediated settlement conferences in superior court civil actions. . . . (k) Costs of mediated settlement conference. - Costs of mediated settlement conferences shall be borne by the parties. Unless otherwise ordered by the court or agreed to by the parties, the mediator's fees shall be paid in equal shares by the parties. For purposes of this section, multiple parties shall be considered one party when they are represented by the same counsel. The rules adopted by the Supreme Court implementing this section shall set out a method whereby parties found by the court to be unable to pay the costs of the mediated settlement conference are afforded an opportunity to participate without cost. The rules adopted by the Supreme Court shall set the fees to be paid a mediator appointed by a judge upon the failure of the parties to designate a mediator."

The North Carolina Supreme Court's Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions (citations in left column) further detail payment of fees. Rule 7(b) establishes court-appointed mediator compensation for Superior Court civil cases: "(b) By Court Order. When a mediator is appointed by the court, the parties shall compensate the mediator for mediation services at the rate of $150 per hour. The parties shall also pay the mediator a one-time, per-case administrative fee of $175, due upon appointment."
Billing increment: court-appointed mediators bill in quarter-hour segments.

Workers' compensation track (Industrial Commission): 11 N.C. Admin. Code 23G.0107 sets Commission-appointed mediator compensation at $150.00 per hour plus a one-time administrative fee of $150.00, with cancellation fees of $150.00 where the mediation is cancelled within 14 days of the scheduled date and $300.00 where cancelled within seven days. Note the administrative fee differs from the Superior Court figure ($150 vs. $175).

Family financial track: court-appointed mediators in family financial cases are compensated at $125.00 per hour plus a one-time administrative fee of $125.00 — lower than both the Superior Court and Industrial Commission rates.		North Carolina's court-annexed/court-ordered ADR structure is quite robust such that full coverage of every ADR option offered in the state is beyond the scope of this Table, which focuses primarily on civil disputes. Nonetheless, in addition to Resolution Systems Institute's comprehensive webpage on the state's court-annexed/court-ordered ADR statutes and rules, the North Carolina Judicial Branch has a wonderful webpage outlining court-annexed/court-ordered ADR options in the state, including but not limited to mediation in criminal cases. Here are the relevant excerpts concerning compensation for:

Non-Binding Arbitration - "Who pays for the arbitrator? There is a $100 fee for arbitration. You will be notified of this fee and the amount you owe in the “Notice of Arbitration Hearing.” You must pay this fee by taking the form to the cashier in the clerk of court’s office to pay your share. The clerk will accept cash, a cashier’s check, or a money order. If you do not pay, the fee will become a judgment against you. If you cannot afford to pay, you can file this form with the clerk of court asking to be found indigent."

Mediation - "How much does mediation cost? For superior court matters, family financial matters, or matters before the clerk of court, if you, the other party, or the attorneys involved choose your mediator, you will discuss the fee with the mediator. If your mediator is appointed by the court for a superior court matter or family financial matter, he or she will be paid $150 per hour plus a one-time $175 administrative fee. A court-appointed mediator for a clerk matter will be paid $150 per hour plus a one-time $150 administrative fee. Unless otherwise agreed by the parties or ordered by the court, the fee is split equally between the parties. You may be asked to pay the administrative fee up front. All other fees will be due at the end of your conference. For matters pending in district criminal court, the court will assign a mediator from a community mediation center to mediate the case. The mediation fee is $60, to be paid before the mediation by the defendant, or as agreed upon by the parties. If you cannot afford to pay your mediator, you can file the appropriate form with the clerk of court asking the court to waive the mediator’s fee. If the court decides that you are not able to pay the fee, you will not be required to pay for the mediator."

Interestingly, the comment to Rule 7 of the North Carolina Supreme Court's Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions bars court-appointed mediators from requesting reimbursement for out-of-pocket expenses but actually encourages them to charge postponement/cancellation fees in accordance with Rule 7(e) and further allows for the recovery of expenses where parties fail to attend mediation sessions without good cause.

"Comment to Rule 7(b). Court-appointed mediators may not be compensated for travel time, mileage, or any other out-of-pocket expenses associated with a court-ordered mediation. It is not unusual for two or more related cases to be mediated collectively. A mediator shall use his or her business judgment in assessing the one-time, per-case administrative fee when two or more cases are mediated together, and set his or her fee according to the amount of time that he or she spent in an effort to schedule the matters for mediation. The mediator may charge a flat fee of $175 if scheduling was relatively easy, or multiples of that amount if more effort was required.

Comment to Rule 7(e). Nonessential requests for postponements work a hardship on parties and mediators and serve only to inject delay into a process and program designed to expedite litigation. It is expected that mediators will assess a postponement fee in all instances
where a request does not appear to be absolutely warranted. Moreover, mediators are encouraged not to agree to a postponement in instances where, in the mediator’s judgment, the mediation could be held as scheduled.

Comment to Rule 7(f). If a party is found by a senior resident superior court judge to have failed to attend a mediated settlement conference without good cause, then the court may require that party to pay the mediator’s fee and related expenses."

As such, North Carolina, unlike many states, including but not limited to New York, firmly establishes that the judicial system will protect neutrals against abuse and waste of their time.		Dorothy
Kaldi
&
Anwi Gudivada
37
North DakotaN.D. Century Code § 32-29.3-21(4)
and
N.D. Rules of Court 8.8(a), (b)
and
N.D. Century Code § 14-09.1-02
and
N.D. Rules of Court 8.1(c)(5)
and
N.D. R. Ct. 8.9(a)-(b) & App. A (Code of Mediation Ethics)
and
N.D. R. App. P. 5 (Post-Judgment Mediation)
and
N.D. Sup. Ct. Admin. Order 17 (Family Mediation Pilot Project)		For Arbitration by Prior Agreement of Parties: Arbitrator Determines His/Her Financial Destiny - "32-29.3-21. Remedies - Fees and expenses of arbitration proceedings. . . . 4. An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award."

"RULE 8.8 ALTERNATIVE DISPUTE RESOLUTION. (a) Scope. Parties to civil suits are encouraged to participate in alternative dispute resolution (“ADR”) before commencing a case or at an early stage of the case; and all parties in civil cases must discuss early ADR participation and the appropriate timing of such effort. . . . (b) Procedure. Within 14 days or such other time the court may direct prior to the initial pretrial conference held under N.D.R.Civ.P. 16, a Rule 8.8 statement to the court must be filed with the district court (in the form shown in appendix F) detailing the ADR participation that has occurred or will occur or if it will not occur. In a divorce, the statement may be incorporated into the joint informational statement under N.D.R.Ct. 8.3(a). The statement must certify that the parties have discussed ADR participation with each other and that the parties’ lawyers have discussed ADR with their clients, and, if an ADR process will occur, the time by which it will be completed. The party or parties who do not agree to participate must certify in the statement that they have discussed ADR with counsel or, if not represented, that the party is aware of ADR. If a party or parties choose not to participate in ADR, the statement must contain the reason for not participating. If the parties agree to an ADR process but cannot agree on a neutral, the court may designate a person from the ADR neutral roster maintained by the State Court Administrator’s office."

"14-09.1-02. Mediation authorized - Exception. In any proceeding involving an order, modification of an order, or enforcement of an order for the custody, support, or visitation of a child in which the custody or visitation issue is contested, the court may order mediation at the parties' own expense."

Mediation in Cases Involving Contested Custody, Support, or Visitation of a Child: Court Pays Up to Six Hours of Preparation and Mediation Time, and Parties May Purchase Additional Hours from Mediator at Annual Rate Set by Court - "RULE 8.1 FAMILY MEDIATION PROGRAM . . . (c) Mediation Process. . . . (5) Mediation in General. (A) The program will automatically provide up to six hours of combined pre-mediation[,] orientation[,] and mediation. Mediators will be compensated at a rate to be set annually by the state court administrator [which is currently a maximum of $170/hr. - see Forms B and C mentioned below]. (B) Under the program, the parties will individually attend a pre-mediation orientation and screening with a designated mediator, and at least one joint mediation session. Counsel for represented parties may participate in mediation proceedings. (C) If the parties require more than six hours of sessions, they may purchase additional mediation sessions from the mediator, who will offer mediation at the hourly rate set annually by the state court administrator. (D) Parties may also apply to the program administrator for additional mediation sessions using Form B and may apply for a fee waiver or sliding scale fee using Form C [attached to Form B]. The program administrator will determine whether a party is eligible for a fee waiver or fee reduction based on party income according to a schedule adopted by the Supreme Court. If the parties qualify for a fee reduction and have been approved for additional mediation, any gap between the hourly rate set annually by the state court administrator and the parties' ability to pay will be paid to the mediator under this program."

THE SIX HOURS ARE STATE-FUNDED, NOT DONATED: The Family Law Mediation Program provides up to six hours of combined pre-mediation orientation and mediation at no cost to the parties, funded by grant. Per Form E (How to Prepare for Mediation): "Fees are paid by a grant from the Supreme Court for mediation including the pre-mediation orientation sessions. Should you require more sessions, you may petition the family mediation program administrator to have the fees covered in whole or part if you qualify by demonstrating your income to the program administrator. The fee paid to mediators is set on an annual basis by the state court administrator. Any fees you owe must be paid to your mediator within 10 days of completion of the mediation." North Dakota does not ask the mediator to absorb the six free hours — the Supreme Court pays for them.

SECOND COURT-FUNDED PROGRAM — POST-JUDGMENT MEDIATION, N.D. R. App. P. 5: "The post-judgment mediation program requires the parties to individually attend a pre-mediation orientation and screening with a designated mediator, and at least one joint mediation session. The program will provide up to six hours of mediation without charge to the parties. Should the parties require additional sessions, they may purchase mediation from the mediator. Parties may also apply to the program administrator for additional mediation sessions and may apply for a fee waiver or sliding scale fee should they qualify based on economic factors. The program administrator will determine whether a party is eligible for a fee waiver or fee reduction based on party income according to a schedule adopted by the Supreme Court. If the parties qualify for a fee reduction and have been approved for additional mediation, any 'gap' between the set rate and their ability to pay will be paid to the mediator by the court under this program." The program covers post-judgment issues in family law and probate matters. Rule 5(d)(4)'s exclusions and exceptions are intended to comply with the N.D.C.C. § 14-09.1-02 standards for family mediation.

THE GAP-PAYMENT MODEL: In both programs, where a party qualifies for a fee reduction, the difference between the set rate and the party's ability to pay is paid to the mediator BY THE COURT. North Dakota therefore belongs with Colorado, New Hampshire, and Nebraska in the state-pays column, and not with the free-time states — the indigency discount is absorbed by the judiciary, not by the neutral.

ROSTER — NEUTRALS PAY TO BE LISTED, N.D. R. Ct. 8.9(a): "Rosters of Neutrals. The State Court Administrator shall maintain and monitor a roster of neutrals for civil arbitration, civil mediation, and domestic relations/contested child proceedings mediation. Each roster must include the neutral's name, address, and credentials. Each roster must be updated and published on an annual basis and be available for inspection in the clerk of the district court's office. The State Court Administrator may establish a reasonable fee for placement on the roster and a reasonable yearly renewal fee." The parties may select a neutral who is not on the roster. A court-appointed contested child proceedings mediator under N.D.C.C. § 14-09.1-03 must have the qualifications specified in Rule 8.9(b)(3).		IMPORTANT: North Dakota is NOT a presumptive/mandatory ADR state such that parties are only "encouraged" to use ADR at the state level on a voluntary basis. As such, with the exception of the family program listed in the left columns, neutral compensation in civil disputes is entirely a function of agreement of the parties similar to binding arbitration matters (which are not included in the state definition of "ADR").
Mediator qualifications: applicants must meet the criteria in N.D. R. Ct. 8.9 or have a minimum of 40 hours of mediation training and 4 years of experience in family mediation averaging 6 cases per year; the roster also requires at least 40 hours of court-certified training and six hours of training on domestic abuse issues. Roster neutrals are subject to the jurisdiction of the State Court Administrator and to the Code of Mediation Ethics at Appendix A to Rule 8.9.

Domestic violence: the court may decline to refer a case to mediation or other ADR proceedings if it finds probable cause that a party or a child involved in the case has suffered physical or sexual abuse by any other party.

Referral mechanics (Admin. Order 17): within 10 days of filing, the district court clerk refers qualifying new cases to the program administrator, who assigns a mediator and prepares an order and schedule for the assigned judge's approval. The order must require the parties to contact the mediator and attend pre-mediation orientation separately within 20 days, and to complete mediation sessions within 90 days. Compliance satisfies the N.D. R. Ct. 8.8 ADR statement requirement.		Dorothy
Kaldi
&
Anwi Gudivada
38
Ohio
Ohio Const. art. IV, § 5(A)(1)
and
Ohio Rev. Code § 1907.262(A); § 1907.24; Ohio Rev. Code § 1901.262(A)
and
Ohio Rev. Code § 2335.02
and
Ohio Rev. Code ch. 2710 (Uniform Mediation Act), § 2710.01
and
Ohio Rev. Code § 3109.052
and
Ohio Sup. R. 6.20 (Arbitration) [formerly Sup. R. 15]
and
Ohio Sup. R. 6.00-6.06 (Dispute Resolution — Mediation), esp. 6.02 (Local Mediation
Rule), 6.04 (Mediator Education and Training), 6.05 (Responsibilities of Court)
[formerly Sup. R. 16]
and
Ohio Sup. Ct. Local Rule Guide, Model Rule 12 (Fees and Costs)
and
Summit Cty. C.P. Loc. R. 10.16; Butler Cty. C.P. Loc. R. 5.22(G) 		"Section 1907.262 | Rules for procedures for resolution of disputes. (A) A county court may establish by rule procedures for the resolution of disputes between parties. Any procedures so adopted shall include, but are not limited to, mediation. If the court establishes any procedures under this division, the court may include in the court's schedule of fees and costs under section 1907.24 of the Revised Code a reasonable fee, that is to be collected on the filing of each civil or criminal action or proceeding, and that is to be used to implement the procedures, and the court shall direct the clerk of the court to charge the fee." [See also Ohio Rev. Code § 1901.262(A), which applies to municipal courts].

MANDATORY PERIODIC REVIEW OF NEUTRAL COMPENSATION — Ohio Sup. R. 4.31(C): "At least once every five years, each court or division shall review the compensation paid court appointees to determine the compensation's adequacy and effect upon the availability of court appointments. The court or division shall provide the report to all funding authorities of the court or division."

Sup. R. 4.31(B)(2)(c) further requires each court's local appointment rule to state "the compensation appointees will receive for services provided and expenses incurred as a result of the appointment, including, if applicable, a fee schedule." Sup. R. 4.31(E)(1) places the burden of proving reasonableness on the appointee where a paying party claims the fees are excessive or unreasonable.

Scope limit: Sup. R. 4.31(A)(1)(c) excludes from the definition of "appointment" an arbitrator or mediator selected "following independent formal or informal recommendations to the court or judicial officer by litigants." The five-year review therefore reaches court-selected neutrals, not party-recommended ones.

SIGNIFICANCE FOR THIS TABLE: Ohio is the only state identified here that imposes an affirmative, recurring duty on each court to assess whether neutral compensation is ADEQUATE and what effect it has on the AVAILABILITY of neutrals — and to report that assessment to its funding authority. This is the structural safeguard whose absence produced the failures documented elsewhere in this Table: Connecticut's $100/day and $25/decision rates, unchanged since P.A. 82-441 (1983); Texas's § 154.054, unamended since 1987; and Nevada's arbitration rates, which by the Supreme Court's own account "ha[d] not been reviewed since 2001" before A.B. 3 (2025). Ohio's local-option model is otherwise among the least prescriptive in this Table, but on the question of keeping rates current it is the most demanding.

Case management plans must also include "referral to appropriate and available alternative dispute resolution programs." Ohio Sup. R. 3.02(A).

For Arbitration in Valuation Cases Where Arbitrators Are Appointed by the Court: "Reasonable and Proper" Compensation - "Section 2335.02 - Compensation of appraisers and arbitrators. In any cause, matter, or proceeding arising in any court of record, where appraisers, commissioners, or arbitrators are appointed by such court to make or procure an appraisement or valuation of any property, real or personal, such appraisers, commissioners, or arbitrators shall receive, on application to such court, such compensation as the court deems reasonable and proper in addition to the amount specified by law and such compensation shall be taxed in the costs of such cause, matter, or proceeding in the same manner as other costs are now taxed."

For Arbitration in Other Civil Cases: Courts Given Authority Over Arbitration Compensation Issues (in a roundabout way) - "(A) Arbitration in civil cases. (1) The judge or judges of general divisions of courts of common pleas, of municipal courts, or of county courts shall consider, and may adopt, a plan for the mandatory arbitration of civil cases. The plan shall specify the amount in controversy that will require submission of the case to arbitration and arbitration shall be required in cases where the amount in controversy does not exceed that specified sum. . . . (2) Every plan for the mandatory arbitration of civil cases adopted pursuant to this rule shall be filed with the Supreme Court and shall include the following basic principles: . . . (c) Report and award. Within thirty days after the hearing, the board or the single arbitrator shall file a report and award with the clerk of the court and forward copies to all parties or their counsel. The report and award, unless appealed, shall be final and have the legal effect of a verdict upon which judgment shall be entered by the court. (d) Appeals. Any party may appeal the award to the court if, within thirty days after the filing of the award with the clerk of court, the party does both of the following: . . . (ii) Reimburses the county or municipal corporation for all fees paid to the arbitrator or arbitrators in the case or pays the fees directly to the arbitrator or arbitrators, unless otherwise directed by the court."

For Mediation in Civil Cases: Enabling Legislation Allowing Local Courts in the State to Set Rules and Procedures as They Deem Appropriate With an Eye Towards Equal Sharing of Fees Imposed by the Court - "(A) General. A court that elects to use mediation shall adopt a local rule governing mediation. The local rule shall do all of the following: . . . (6) Address other provisions as the court considers necessary and appropriate."

In this regard, Model Rule 12 from the Ohio Courts' Local Rule Guide provides: "12. Fees and Costs. The court may impose upon the parties fees and costs for mediation. If there is a fee for mediation, unless otherwise agreed by the parties, the mediation fees shall be shared equally. The court may waive fees and costs for an indigent party. Mediation shall not be ordered if a party is indigent, unless the mediation is available at no cost to the party."
STATUTORY FRAMEWORK OMITTED FROM EARLIER VERSIONS OF THIS TABLE: Ohio local mediation rules are built on two statutes the columns above do not cite. Local rules routinely incorporate by reference R.C. Chapter 2710, the Uniform Mediation Act — including all definitions at R.C. 2710.01 — and R.C. § 3109.052, which addresses mediation of differences as to allocation of parental rights and responsibilities. See, e.g., Union Cty. C.P. Loc. R. 18.19 ("By this Rule, the Court incorporates by reference R.C. Chapter 2710 'Uniform Mediation Act' (UMA) and R.C. § 3109.052 ... and Rule 16 of the Supreme Court of Ohio Rules of Superintendence. The purpose of the rule is to promote greater efficiency and public satisfaction through the facilitation of the earliest possible resolution of disputes through the use of mediation.").

Ohio's adoption of the UMA is significant for compensation analysis: Ohio is one of the states in this Table operating a local-option compensation regime on top of a uniform statutory confidentiality and definitional framework, rather than in the absence of one.

INDIGENCY — THE NEUTRAL IS NOT CONSCRIPTED: Model Rule 12 provides that mediation "shall not be ordered if a party is indigent, unless the mediation is available at no cost to the party." Like Minnesota and Montana, Ohio excuses the party rather than compelling free service from the mediator.		Ohio seems to adopt a laissez-faire state legislative attitude when it comes to neutral compensation, leaving compensation details up to individual courts. RENUMBERING EFFECTIVE JULY 1, 2026: The Supreme Court of Ohio restructured the Rules of Superintendence effective July 1, 2026, as the second phase of a multi-phase initiative. Phase one repealed rules better suited to other bodies of Supreme Court rules, transferring most of them to the Rules of Civil Procedure, Criminal Procedure, or Juvenile Procedure. Phase two reorganized and renumbered the remainder. Each renumbered rule now carries a "Commentary (July 1, 2026)" note identifying its former number.

Crosswalk for the rules cited in this row:
Former Sup. R. 15 (Arbitration) -> Sup. R. 6.20
Former Sup. R. 16 (Mediation) -> Sup. R. 6.00 through 6.06
(Local Mediation Rule = Sup. R. 6.02)
Former Sup. R. 5(B) (local rules filing) -> Sup. R. 3.00
Former Sup. R. 8 (Court Appointments) -> Sup. R. 4.31
Former Sup. R. 1(B) (Authority) -> Sup. R. 1.01
Former Sup. R. 1(A) (Applicability) -> Sup. R. 1.02

Dispute resolution is now consolidated in Section 6 of the Rules of Superintendence, which also contains Rule 6.10 (Civil Stalking Protection Order Mediation), 6.11 (Process for Offering Mediation), 6.12 (General), 6.13 (Inter-Court Communication in Domestic Violence and Related Cases), 6.30-6.35 (Neutral Evaluation), and 6.40-6.46 (Parenting Coordination). Rule 7.50 (Dispute Resolution) governs the commercial docket.

Authority and citation form: Sup. R. 1.01 provides that the rules are promulgated pursuant to Article IV, Section 5(A)(1) of the Ohio Constitution. Sup. R. 1.02 makes them applicable to all courts of appeal, courts of common pleas, municipal courts, and county courts, except the Court of Claims. Sup. R. 1.04 provides that they "shall be cited as 'Sup.R. ___.'"

Ohio Sup. R. 16 is titled "Qualifications of Mediators in Disputes Concerning Allocation of Parental Rights and Responsibilities." Under it, a division of the court of common pleas, municipal court, and county court shall consider, and may adopt, a local rule providing for mediation; that rule must include procedures for ensuring that parties may participate, screening for domestic violence, encouraging appropriate referrals, and prohibiting mediation where necessary, with specific provisions for child abuse, neglect, dependency, domestic relations, and juvenile matters.

An example of such a local rule can be found in Local Rule 10 of the Court of Common Pleas, General Division in Summit County, which provides for mandatory arbitration in cases where amounts-in-controversy are less than $50,000:

"10.16 Compensation of Arbitrators. (A) Members of the Board. Each member of the Board of Abitration who has signed an award or files a minority report, shall receive, as compensation for his/her services in each case, a fee of $70.00 per half day. When more than one case arising out of the same transaction is heard at the same hearing(s), it shall be considered one case in determining compensation of arbitrators. In cases requiring hearings of unusual complexity, the assigned Judge, upon motion of the members of the Board and for cause shown, may allow additional compensation. The members of the Board shall not be entitled to receive their fee until after filing the Report and Award with the assigned Judge. Fees paid to arbitrators shall not be taxed as costs nor follow the award as other costs. (B) Chairman. The Chairman shall also receive compensation of $20.00 per half day for each case heard by the Board, in addition to the compensation in Rule 10.16(a). (C) Source of Funds. All compensation for arbitrators shall be paid from funds of Summit County, upon proper warrant, which have been allocated for the operation of the Summit County Common Pleas Court."

Another example of a local rule concerning the compensation of court-appointed mediators can be found in Local Rule 5.22(G) of the Common Pleas Court of Butler County, Ohio, which provides:

"(G) Compensation of Mediators. Each mediator shall receive a lump sum compensation in the amount of $500.00 per case. Mediators shall not receive additional compensation for subsequent sessions. All mediators shall complete an order to pay mediator fees upon completion of the mediation. Compensation for a mediator shall be paid, upon proper authorization, from the funds of Butler County, Ohio, which have been allocated for the operation of the Common Pleas Court of Butler County, Ohio. If the mediation is unsuccessful, the cost of the mediation shall be taxed as costs through the Clerk of Courts. The Clerk shall then reimburse the appropriate General Division account with the refunded costs."		Anwi Gudivada
39
Oklahoma12 Okla. Stats. § 1872(d)
and
12 Okla. Stats. § 1831(B)
and
12 Okla. Stats. § 1834
and
Okla. Stat. tit. 12, §§ 1801-1813 (Dispute Resolution Act), § 1805, § 1810
and
Okla. Stat. tit. 12, ch. 38, §§ 1821 et seq. (District Court Mediation Act),
§ 1823, § 1825
and
Okla. Sup. Ct. R. 1.250-1.253 (Appellate Settlement Conference Program)
and
Okla. Stat. tit. 43, § 107.3
and
Rules and Procedures for the Dispute Resolution Act, App. A (Code of Professional
Conduct for Mediators), B.4.a.(5)		IMPORTANT: Oklahoma does NOT have general presumptive/mandatory court-annexed/court-ordered ADR. While district courts can refer cases to mediation, they only have the power to do so upon agreement of the parties. See the "Comments" column for more information.

For Arbitration: Arbitrator Determines His/Her Financial Destiny - "Section 1872 - Punitive Damages - Attorney Fees and Expenses of Arbitration - Other Remedies - Arbitrator's Fees. . . . . D. An arbitrator’s expenses and fees, together with other expenses, shall be paid as provided in the award."
STATUTORY ARCHITECTURE — FOUR SEPARATE SCHEMES: Oklahoma's ADR law is not unified. Title 12 contains (i) the Dispute Resolution Act, §§ 1801-1813, governing the network of no-fee dispute resolution centers and the Dispute Resolution System Revolving Fund; (ii) the District Court Mediation Act, ch. 38, §§ 1821 et seq., governing court referral of civil cases to mediation and the maintenance of qualified mediator lists; (iii) the Choice in Mediation Act, ch. 38A, §§ 1831-1840, governing mediator compensation, qualifications, certification, and complaints; and (iv) the Uniform Arbitration Act, ch. 38B, §§ 1851 et seq. A mediator's compensation entitlement therefore depends on which scheme the referral came through.

PROGRAM AUTHORIZATION — § 1832: "Any county, municipality, accredited law school, school district, board, commission, department, or agency of this state or its political subdivisions is hereby authorized to establish programs for the purpose of providing mediation as an alternative dispute resolution process or for referring disputes to mediation on an ad hoc basis. For the purposes of the Choice in Mediation Act, 'mediation' means a process in which an impartial person, the mediator, facilitates communication between disputing parties to promote settlement of disputes, whether before or in the process of litigation or administrative proceedings." Added by Laws 2002, c. 468, § 12, eff. Nov. 1, 2002 — confirming that the "Section 12 of this act" referenced in § 1834 is § 1832.

PRIVATE SELECTION AND COMPENSATION PRESERVED — § 1840: "Nothing in the Choice in Mediation Act shall limit the ability of parties to a dispute to select and, if appropriate, compensate a mediator of their choice, whether or not that mediator is certified under the Dispute Resolution Act or qualified [under this act]." Oklahoma thus expressly preserves an uncertified, privately compensated track alongside the certified one — the certification regime is a gateway to program referrals, not a licensing requirement.

COURT REFERRAL REQUIRES PARTY AGREEMENT — Okla. Stat. tit. 12, § 1823: "Any district court, by agreement of the parties, may refer any civil case, including any domestic relations case, or any portion thereof for mediation." See also § 1825 (List of qualified mediators - Minimum requirements - Form of order of referral).

APPELLATE PROGRAM (previously absent from this Table) — Okla. Sup. Ct. R. 1.250-1.253 establish the Rules for Appellate Settlement Conference Program, under which a case may be invited to undergo a settlement conference at the discretion of the court and with the agreement of all litigants. The rules address selection of cases, scheduling of conferences, and filing of conference reports.

FUNDING MECHANISM (previously absent from this Table) — Okla. Stat. tit. 12, § 1810 governs "Allocation of Monies in the Dispute Resolution System Revolving Fund - Application for Funding." Programs apply to the Fund rather than drawing on a general appropriation. Compare R.I. Gen. Laws § 8-6-5 (arbitration fund restricted receipt account) — both states segregate ADR money, but Rhode Island's statute directs payment to the neutral, while Oklahoma's directs allocation to the program.

For Mediation: Courts Do Not Set or Otherwise Get Involved in Issues of Neutral Compensation, Which Are for the Parties to Determine - "B. The Legislature has previously enacted measures designed to create programs for and encourage the use of mediation in resolving disputes involving citizens of this state. These measures provide guidelines and standards for qualifications of mediators and their use in resolving disputes. Over the years since the first of these measures was enacted, there has developed a significant number of trained and experienced mediators, some of whom work solely in volunteer programs under the Dispute Resolution Act and some of whom provide mediation services on a "for fee" basis, either solely or in addition to volunteer work. The power of the parties to a dispute to settle their own dispute with the help of a neutral person being the essence of mediation, there now exists a need to clarify the choice available to disputants to select a mediator. . . .

Section 1834 - Mediator Compensation. Except in those instances in which a specific statute or rule prohibits compensation of mediators, the program authorized by Section 12 of this act [12 Okla. Stats. § 1832] may provide for appropriate compensation of the mediator."

Note: For an example of a specific rule that prohibits mediator compensation, see Rules and Procedures for the Dispute Resolution Act, Appendix A - Code of Professional Conduct for Mediators at B.4.a.(5) ("(5) The mediator shall not accept money nor anything of value for services, other than the collection of fees listed elsewhere in the Oklahoma Rules and Procedures for Dispute Resolution Act.").

Oklahoma has a network of free dispute resolution centers established under the Dispute Resolution Act and geographically distributed throughout the state, along with state agencies offering specialized mediation programs. While district courts may refer parties to mediation, they may do so only by agreement of the parties: Okla. Stat. tit. 12, § 1823 provides that "[a]ny district court, by agreement of the parties, may refer any civil case, including any domestic relations case, or any portion thereof for mediation." Courts have no power to compel such referrals or to require use of the free centers. Oklahoma is therefore NOT a presumptive or mandatory ADR state.

NO STATE ADR OFFICE: Resolution Systems Institute records that Oklahoma has "[n]o full-time state court ADR office." This is a meaningful structural point for comparison with states such as Colorado (Office of Dispute Resolution), Nebraska (Office of Dispute Resolution), Maryland (MACRO), and New Hampshire (Office of Mediation and Arbitration), each of which administers a compensation or fee-waiver mechanism through a standing office. Oklahoma's absence of such an office is consistent with its absence of any statewide neutral compensation rate.

THE SHORT VERSION OF OKLAHOMA NEUTRAL COMPENSATION: neutrals may choose to participate in local volunteer or compensated programs, or both, as they wish — the establishment of which is authorized by Okla. Stat. tit. 12, § 1832 — provided they qualify for admission to those programs' rosters under § 1838 (Mediator Certification) and § 1835 (Qualifications and Neutrality of Mediators). Parties remain free under § 1840 to select and compensate an uncertified mediator of their own choosing. The Oklahoma courts do not set or otherwise involve themselves in mediator rates.

Note the pro bono constraint: for an example of a specific rule prohibiting mediator compensation, see Rules and Procedures for the Dispute Resolution Act, Appendix A - Code of Professional Conduct for Mediators, B.4.a.(5) ("The mediator shall not accept money nor anything of value for services, other than the collection of fees listed elsewhere in the Oklahoma Rules and Procedures for Dispute Resolution Act."). This applies to mediators serving in Dispute Resolution Act programs, not to the private track preserved by § 1840.

Related provisions: § 1805 (information in mediation is privileged and confidential; not subject to disclosure; liability of mediator; waiver of privilege); Okla. Stat. tit. 43, § 107.3 (proceedings for disposition of children); and the divorce provision permitting referral to mediation in property, separate maintenance, and custody disputes where there are no allegations of domestic violence or child abuse.

Sources: Okla. Stat. tit. 12 (OSCN) — https://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST12&level=1 ; Oklahoma ADR System — https://adrs.oscn.net/ ; Resolution Systems Institute, Oklahoma — https://www.aboutrsi.org/acrossus/oklahoma ; Okla. Stat. tit. 12, § 1832 — https://law.justia.com/codes/oklahoma/title-12/section-12-1832/		Dorothy
Kaldi
&
Anwi Gudivada
40
OregonOregon Rev. Stats. § 36.420
and
Oregon Uniform Trial Ct. R. 13.120
and
Oregon Rev. Stats. § 36.185
and
Oregon Jud. Dep't Court-Connected
Mediator Qualifications Rules -
R. 1.1(3)(c) (Ch. J. Order No. 05-028)
and
County arbitration commission compensation schedules (Clatsop, Lane, Marion,
Multnomah, and others)		For Arbitration in Cases Where the Amount in Controversy is $50,000 or Less: State Law Gives Local Courts Authority to Set Arbitrator Compensation Split by the Parties Provided That Indigent Parties Are Not Required to Advance Expenses - "36.420 Notice of arbitration hearing; open proceeding; compensation and expenses. . . . (3) The compensation of the arbitrator and other expenses of the arbitration proceeding shall be the obligation of the parties or any of them as provided by rules made under ORS 36.400 (Mandatory Arbitration Programs). However, if those rules require the parties or any of them to pay any of those expenses in advance, in the form of fees or otherwise, as a condition of arbitration, the rules shall also provide for the waiver in whole or in part, deferral in whole or in part, or both, of that payment by a party whom the court finds is then unable to pay all or any part of those advance expenses. Expenses so waived shall be paid by the state from funds available for the purpose. Expenses so deferred shall be paid, if necessary, by the state from funds available for the purpose, and the state shall be reimbursed according to the terms of the deferral."

"13.120 COMPENSATION OF ARBITRATOR. (1) The arbitration commission shall establish a compensation schedule for arbitrators. If the arbitrator suggests that extraordinary conditions justify a different fee, and the parties concur, the fee may be adjusted accordingly. If the parties, or any of them, do not concur, the arbitrator shall direct an inquiry to the court for determination of the appropriate fee. (2) Within 14 days of the appointment of the arbitrator, each party must tender to the arbitrator a pro rata share of the preliminary payment for the arbitrator. Any deposit in excess of the arbitrator’s actual fee will be refunded to the parties. Regardless of whether the arbitration hearing is conducted, the parties must pay a proportionate share of the arbitrator’s fee. The arbitrator must submit to each party an itemized statement. (3) Relief from the payment of arbitration fees, in whole or in part, as provided for in ORS 36.420(3) must be applied for immediately upon a case or a small claim becoming eligible for arbitration. The court will provide the arbitrator with a copy of any order waiving or deferring all or any part of the fees. (4) If a party fails to tender to the arbitrator the party’s pro rata share of the preliminary payment under subsection (2) of this rule and fails to obtain a waiver or deferral of arbitration fees under subsection (3) of this rule, the arbitrator may preclude the party from appearing or participating in the arbitration. The failure of a party to appear or participate in the arbitration proceeding by reason of failing to pay the arbitrator fee or obtain a waiver or deferral of the fee does not affect the ability of the party to appeal the arbitrators decision and award in the manner provided by ORS 36.425. (5) Any dispute as to the amount of the arbitrator’s fee must be submitted to the court. (6) The arbitrator’s fee may be considered a recoverable item of costs. (7) At the conclusion of the arbitration process, the court may enter a judgment in the arbitrator’s favor and against any party who has not paid the arbitrator’s fee in accordance with the schedule established under paragraph (1)."
STATEWIDE DEFAULT RATE AND DEPOSIT: "The Court strongly encourages you to discuss the fee arrangements before you conduct the arbitration. In the absence of a fee agreement, the presumptive fee is $200 per hour... Each party is responsible for submitting a $400 deposit prior to the arbitration." (Or. Jud. Dep't, Arbitrator Instructions and Forms.)

PAYMENT RUNS DIRECTLY TO THE ARBITRATOR, NOT THROUGH THE COURT: "The parties are required to submit their share of your fee within fourteen days of your appointment. UTCR 13.120(2). The fee should be submitted directly to you, and not through the court. If a party can't afford to pay your fee, he or she may apply to the court for a fee deferral... At the conclusion of the arbitration, you should submit that party's portion of the bill to the Arbitration Coordinator at the Courthouse."

THE STATE PAYS WAIVED AND DEFERRED FEES: Per the Oregon State Bar's Guide to Oregon Court Arbitration Laws and Rules — "An arbitrator's fee depends on local judicial district rules. UTCR 13.120(1). The preliminary payment of the arbitrator's fee must be made within 14 days of the arbitrator's appointment unless the Supplemental Local Rules for your district state otherwise. UTCR 13.120(2). Any overpayment will be refunded to the parties upon completion of the arbitration proceedings. If a party cannot afford to pay, the state may pay their fee for them if the court determines that the fee should be waived or deferred. ORS 36.420(3); UTCR 13.120(3)." This is the operative distinction between Oregon and the federal 28 U.S.C. § 658 model: Oregon does not merely delegate rate-setting downward, it backstops indigency at the state level so the arbitrator is paid regardless. One constraint: cases with a fee waiver or deferral must not exceed the commission standard rate — the state will pay, but only up to the schedule.

SCOPE: "All civil cases involving money damages of $50,000 or less (exclusive of attorney fees and costs) and domestic relations cases involving property division or disposition are subject to mandatory arbitration." Other civil cases exceeding the jurisdictional limit may go to arbitration on stipulation of the parties. A Motion for Exemption under UTCR 13.070 must be filed within 14 days after notification that the case is being transferred to arbitration. Some courts maintain separate panels — e.g., Domestic Relations, Personal Injury, and Commercial/Real Estate, the last being a catch-all for all other civil cases.

FEE-SHIFTING ON APPEAL: Under UTCR 13.160 parties are required to pay arbitration, and the hearing must occur no later than 49 days from assignment absent good cause; the arbitrator must render a decision within 42 days of the hearing under UTCR 13.220; and a party appealing must file within 20 days and pay the trial fee under UTCR 13.250 and ORS 36.425. The non-prevailing party may be required to pay the prevailing party's share of the arbitration fees.

IMPORTANT: While courts in Oregon can refer general civil cases to mediation, they are powerless to compel parties to engage in the mediation process should they make objection to that process. Oregon Rev. Stats. § 36.185 thus provides in pertinent part: "When a party to a case files a written objection to mediation with the court, the action shall be removed from mediation and proceed in a normal fashion."

For Mediation: State-Wide Rules Explicitly Disclaim Applicability to Mediator Compensation, Leaving Local Courts to Issue Applicable Orders or Rules - "Sections 1.1 to 3.6 of these rules: . . . (3) Do not: . . . (c) In any way establish any requirements for compensation of mediators." 		Oregon has state-level enabling statutes permitting local courts to set neutral compensation, with UTCR 13.010(1) requiring that "[e]ach court must establish an arbitration commission" and UTCR 13.120(1) providing that "[t]he arbitration commission shall establish a compensation schedule for arbitrators." Rates therefore vary county to county. Current examples:

Clatsop County: "The fees set by the Commission are $250.00 per hour, with a maximum of $1,000.00 per day. If extraordinary conditions justify a different fee, and all of the parties agree, the fees may be adjusted accordingly. If any party does not concur, the arbitrator shall ask the [court for a determination]."

Lane County: "The fees set by the Lane County Arbitrators Commission are $200.00 per hour, up to a maximum of 8 hours, unless you and all parties agree to a different hourly rate or maximum amount. It is your responsibility to collect any fees owed to you. You may collect for any time spent on the file."

Multnomah County: "The Commission approved standard rate of $150 per hour up to [specified] hours or $1,500 maximum. (Cases with a fee waiver or deferral must not exceed the commission standard rate). The parties agreed to a higher rate at the conclusion of the proceedings due to the complex nature of the case." (Multnomah Cty. Arbitrators Time Report, Form 30-18.)

Marion County: compensation is set by a schedule developed by the Marion County Commission on Dispute Resolution.

CAUTION FOR FUTURE UPDATES: Oregon county arbitration commissions revise their schedules independently and without central publication. Any Oregon rate in this Table should be re-pulled from the individual county's Oregon Judicial Department page before use; figures more than two years old have consistently proven to understate current rates.

For mediation, Or. Jud. Dep't Court-Connected Mediator Qualifications Rules 1.1(3)(c) expressly disclaims any statewide compensation requirement, leaving mediator compensation entirely to local orders or rules.
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PennsylvaniaPa. Const. Art. 5 § 10(c)
and
201 Pa. Code Rule 103(c)(1), (d)(1)
and
42 Pa. Consol. Stats. § 7361
and
Pa. R. Civ. P. 1308(a)(2)
and
Pa. R. Civ. P. 1042.21(a)(2)
and
210 Pa. Code § 69.501 (Commonwealth Court appellate mediation)

"§ 10. Judicial administration. . . . (c) The Supreme Court shall have the power to prescribe general rules governing practice, procedure and the conduct of all courts, . . . and the administration of all courts and supervision of all officers of the Judicial Branch, if such rules are consistent with this Constitution and neither abridge, enlarge nor modify the substantive rights of any litigant, nor affect the right of the General Assembly to determine the jurisdiction of any court or justice of the peace, nor suspend nor alter any statute of limitation or repose. All laws shall be suspended to the extent that they are inconsistent with rules prescribed under these provisions. . . ."

"(c) Rules of judicial administration adopted by other courts and by agencies of the System. (1) As used in this subdivision, ‘‘local rule’’ shall include every rule, administrative order, regulation, directive, policy, custom, usage, form, or order of general application, however labeled or promulgated, which is adopted or enforced by a court, council, committee, board, commission or other agency of the unified judicial system to govern judicial administration. This subdivision shall also apply to any amendment of a local rule. . . . (d) Rules of procedure adopted by other courts of the System. (1) For the purpose of this subdivision, the term ‘‘local rule’’ shall include every rule, administrative order, regulation, directive, policy, custom, usage, form or order of general application, however labeled or promulgated, which is adopted by a court of common pleas and the Philadelphia Municipal Court to govern practice and procedure. This subdivision shall also apply to any amendment of a local rule. . . . Official Note - The purpose of subdivisions (c) and (d) is to further the policy of the Supreme Court to implement the Unified Judicial System under the Constitution of 1968 and to facilitate the statewide practice of law under the Court’s general rules. Local rules of judicial administration and local rules of procedure should not repeat general rules or statutory provisions verbatim or substantially verbatim nor should local rules make it difficult for attorneys to practice law in several counties. The provisions of subdivision (d) apply to local rules of procedure, but not to case-specific orders."

"§ 7361. Compulsory arbitration. (a) General rule.--Except as provided in subsection (b), when prescribed by general rule or rule of court such civil matters or issues therein as shall be specified by rule shall first be submitted to and heard by a board of three members of the bar of the court. (b) Limitations.--No matter shall be referred under subsection (a): (1) which involves title to real property; or (2) where the amount in controversy, exclusive of interest and costs, exceeds $50,000. (c) Procedure.--The arbitrators appointed pursuant to this section shall have such powers and shall proceed in such manner as shall be prescribed by general rules. (d) Appeal for trial de novo.--Any party to a matter shall have the right to appeal for trial de novo in the court. The party who takes the appeal shall pay such amount or proportion of fees and costs and shall comply with such other procedures as shall be prescribed by general rules. In the absence of appeal the judgment entered on the award of the arbitrators shall be enforced as any other judgment of the court. For the purposes of this section and section 5571 (relating to appeals generally) an award of arbitrators constitutes an order of a tribunal."

"Rule 1308. Appeal. Arbitrators’ Compensation. Notice. (a) An appeal from an award shall be taken by . . . (2) payment to the prothonotary of the compensation of the arbitrators not exceeding fifty percent of the amount in controversy, which shall not be taxed as costs or be recoverable in any proceeding; provided that the court, in an appropriate case, upon petition may permit the appellant to proceed in forma pauperis."

Similar to Rule 1308 above, Pennsylvania Rule of Civil Procedure 1042.21(a)(2), which applies to the mediation of medical professional liability (i.e., medical malpractice) actions acknowledges the concept of neutral compensation but does not set forth any specific rate of compensation. "Rule 1042.21. Medical Professional Liability Actions. Motion for Settlement Conference or Mediation. (a) Prior to the exchange of expert reports in a medical professional liability action, a health care provider may file a motion with the court requesting a settlement conference or court ordered mediation. . . . (2) If the motion requests court ordered mediation, the moving party shall describe in the motion the mediation which is sought and shall pay for the mediation."

Invoking the statutory authority above, various local courts have differing neutral compensation arrangements. See the "Comments" column to the right for more information.
WHY THE PER-DIEM RATES ARE LOW — PENNSYLVANIA PAYS A THREE-ATTORNEY BOARD: Pa. R. Civ. P. 1302 provides: "(a) A list of available arbitrators shall be prepared in the manner prescribed by local rule. The list shall consist of a sufficient number of members of the bar actively engaged in the practice of law primarily in the judicial district in which the court is situated so as to be fairly representative thereof. (b) The board of arbitrators shall consist of three members of the bar appointed from the list of available arbitrators as prescribed by local rule. (c) The board shall be chaired by a member of the bar admitted to the practice of law for at least three years. (d) Not more than one member or associate of a firm or association of attorneys shall be appointed to the board."

The county figures in the Comments column are PER ARBITRATOR. A full-day Fayette County arbitration at $200 per arbitrator therefore costs $600 in board compensation, and a Potter County case at $150 per member plus $175 for the chairperson costs $475. Pennsylvania's low individual rates reflect a three-neutral panel structure, not a low total cost per case.

LOCAL SETTING OF THE JURISDICTIONAL AMOUNT — Pa. R. Civ. P. 1301, Note: "This continues the existing practice under which in the absence of a rule of the Supreme Court each common pleas court may determine whether there shall be arbitration in its judicial district, the kind of cases to be arbitrated and the jurisdictional amount within the limits fixed by Section 7361(b) of the Judicial Code." "Each judicial district may, by local rule, set an arbitration amount up to its maximum jurisdictional limit." Counties set limits below the $50,000 ceiling — Butler County, for example, sets its limit at $35,000, with the parties permitted to agree to extend up to $50,000.

APPEAL ELECTION — Pa. R. Civ. P. 1311.1, amended by the Supreme Court of Pennsylvania on May 19, 2022, governs the limit a party may elect as the maximum amount of damages recoverable upon the trial of an appeal from the award of arbitrators. Under Rule 1311.1, a plaintiff — including a defendant who is a plaintiff in a counterclaim — may elect as the maximum amount of damages an amount equal to the compulsory arbitration limit set by the judicial district in which the action was filed, and Rule 1311.1(a) permits the election to be withdrawn by agreement of the parties or by court order for good cause shown.		Pennsylvania in some ways works like the federal system, wherein each district court under 28 U.S.C. § 658 is enabled to set its own compensation rules. A combination of a state Constitution provision and rule-making statutes set forth in the columns to the left provide for general authority for lower-level trial courts--the Courts of Common Pleas--to fashion neutral compensation schemes that vary by county according to local rules established by each of the courts. Three examples of these compensation schemes include:

Fayette County Court of Common Pleas Local Rules 212.5(b) and 1302(e) - "(b) Payment of Mediators [in certain types of civil actions - see Rule 212.5(c) and (e) for more specifics]. (1) The parties shall pay the mediator directly. The court assumes no responsibility for the supervision or enforcement of the parties' agreement to pay for mediation services. (2) Any charges relating to the mediator's services shall be shared equally by the parties. (3) The mediator shall be paid a mediation fee of One Hundred and Seventy-Five ($175.00) Dollars per hour, divided equally among all of the parties to the mediation. A deposit of One Hundred and Seventy-Five ($175.00) Dollars shall be paid by each party within twenty (20) days of the order directing mediation. Failure to pay the deposit by all parties shall result in the cancellation of the mediation and shall subject the offending party to sanctions pursuant to Pa. R. Civ. P. 4019. Failure to pay the balance due twenty (20) days after receipt of the mediator’s bill shall subject the offending party to sanctions pursuant to Pa. R. Civ. P. 4019. (4) Except as provided herein, a mediator shall not accept anything of value from any source for services provided under the court-annexed mediation program.

(e) Each arbitrator shall be paid the sum of Two-hundred ($200.00) Dollars a day for each morning and afternoon session attended or One Hundred ($100.00) [Dollars] for each morning or afternoon session attended. In cases requiring lengthy hearings or involving unusual questions of law or fact, the Court may, on petition of the arbitrators, increase their fees to an amount that will reasonably compensate them for necessary services performed. . . ."

Monroe County Local Rules Rules 212.5(c) and 1302(6) are somewhat similar but with mediator compensation set at either an agreed-upon rate by the parties or two-hundred ($200.00) dollars per hour and arbitrator compensation set at a variable rate fixed by the Court in every case. ("(c) Payment of Mediators . . . (3) The mediator shall be paid on an hourly basis at the mediator’s regular hourly rate or, in the absence of a standard hourly rate, at the rate of $200.00 per hour. The mediator shall disclose to the parties and/or their attorneys the rate at which his/her charges will be billed. . . . . 6. The compensation for each member of the Board of Arbitrators to be paid by the County shall be established from time to time by the Court. When more than one hearing becomes necessary, additional amounts may be allowed at the discretion of the Court upon petition by the Chairperson on behalf of the Board. If there is concurrence, the motion shall include a certification that all participants are in concurrence with the motion and shall set forth a hearing date mutually agreed upon by counsel, the parties and the arbitrators.").

Finally, Potter County Local Rules L1301(c) and L1341(b)(2) are somewhat unique in that arbitrators can have their fixed compensation reduced or even DISALLOWED by the Court for cause, and there is no fixed rate of compensation for mediators. ("(c) Each member of the Board of Arbitration who has signed the report or files a minority report shall receive as compensation for his services in each case a fee of one hundred fifty dollars ($150.00). The chairman of the board shall receive one hundred seventy-five dollars ($175.00). In cases requiring hearings of unusual duration or involving questions of unusual complexity, the Court, on petition of the members of the Board and for cause shown, may allow additional compensation. The Court may also, on petition of any party to a case, on cause shown and to prevent injustice, reduce the amount of such compensation or disallow compensation entirely . . . . (b)(2) Except by agreement of all parties or as otherwise ordered by the Court, the cost of the mediator’s services shall be divided evenly amongst the parties. Compensation shall be paid directly to the mediator upon the conclusion of mediation or as otherwise agreed by the parties and the mediator. Failure to pay the mediator shall be brought to the attention of the Court.").

Pennsylvania also has an appellate-level mandatory mediation program for its Commonwealth Court (see 210 Pa. Code § 69.501), but mediations are conducted by judges of that court and no compensation separate from their salaries is provided for them.

Pennsylvania county local rules are amended by individual president-judge orders published in the Pennsylvania Bulletin, without central compilation of rates. The Fayette, Monroe, and Potter figures below should be re-pulled from each county's current local rules before use. For reference, Fayette County's compulsory arbitration limit was raised from $35,000 to $50,000 by order of President Judge Conrad B. Capuzzi dated July 27, 2006, effective thirty days after publication in the Pennsylvania Bulletin — an illustration of how these rules move.

The Pennsylvania Code reflects changes effective through 56 Pa.B. 778 (January 31, 2026).		Dorothy
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Rhode IslandR.I. Gen. Laws § 8-6-5
and
R.I. Gen. Laws § 10-16-5(b)
and
R.I. Gen. Laws § 8-6-6
and
R.I. Gen. Laws § 8-15-11 (technology surcharge)
and
R.I. Gen. Laws ch. 10-3 (Arbitration)
and
R.I. Super. Ct. R. Governing Arb. of Civil Actions 1(a), 2(a) (Feb. 2024)
and
R.I. Sup. Ct. R. 35 (appellate mediation)		IMPORTANT: It does not appear that Rhode Island has mandatory/presumptive mediation of civil cases at the trial level beyond small claims cases. Rather, only non-binding arbitration (see below) is mandatory/presumptive.

For Arbitration Mandated by Court: Up to $500 Per Case Collected by the Court From the Parties - "§ 8-6-5. Arbitration of civil actions. The presiding justice of the superior court may promulgate rules and regulations providing for compulsory and/or noncompulsory nonbinding arbitration of such category or categories of civil actions filed in, or appealed to, the superior court as he or she shall determine. The matter shall be heard by a single arbitrator who shall be selected by mutual agreement of the plaintiff(s) and defendant(s). If, after thirty (30) days, the plaintiff(s) and defendant(s) are unable to agree upon the selection of an arbitrator, a justice of the superior court shall select the arbitrator upon request in writing from either party. The costs of arbitration shall be borne by the Rhode Island state court system and a reasonable cost of the arbitration, not to exceed five hundred dollars ($500) per case, may be assessed and apportioned to each of the parties by the superior court pursuant to rules and regulations promulgated by the presiding justice of the superior court consistent with § 8-6-6. The assessed costs received from the parties shall be deposited into the general fund. Any party dissatisfied with the decision of the arbitrator may demand a trial by jury if one was timely claimed in the complaint or answer, or a trial by judge if no jury trial was claimed. The decision of the arbitrator shall not be admissible at the trial. The court may require a party who rejects an arbitrator's award and demands a trial to post a three hundred dollar ($300) filing fee and pay a technology surcharge [up tp $25.00] in accordance with § 8-15-11."

THE ARBITRATION FUND — THE PROVISION OMITTED FROM EARLIER VERSIONS OF THIS TABLE. Section 8-6-5 continues: "If forfeited as a sanction the fee shall remain available for program expenses from the arbitration fund restricted receipt account. The presiding justice of the superior court shall be authorized to retain the services of qualified arbitrators and to direct payment for such services and other related expenses from the arbitration fund restricted receipt account and may appoint an administrator of the arbitration program for a ten (10) year term and until a successor is appointed and qualified."

Amendment history: P.L. 1988, ch. 522, § 1; P.L. 1990, ch. 429, § 1; P.L. 1991, ch. 365, § 1; P.L. 1992, ch. 188, § 1; further amended 2014.

WHY THIS MATTERS FOR NEW YORK: Rhode Island's statute does in roughly one hundred words what New York has not done at all. It (i) establishes a named, segregated "arbitration fund restricted receipt account"; (ii) vests the presiding justice with express authority to retain qualified arbitrators and direct payment to them from that account; (iii) recycles forfeited party fees back into the same account rather than to the general fund; and (iv) provides for a program administrator with a ten-year term. Compare 22 NYCRR § 28.10(a), which authorizes arbitrator compensation only "to the extent of money available to the administrative office for the courts for this purpose" — a compensation right contingent on an unsegregated and unguaranteed appropriation. The difference between "to the extent of money available" and a dedicated restricted receipt account is the difference between a nominal entitlement and a funded one.

ARBITRATOR SELECTION — R.I. Super. Ct. R. Governing Arb. of Civil Actions 2(a): "Selection. The court shall develop and maintain a list of qualified arbitrators, which shall be a public record. The parties may file a stipulation identifying their mutual selection as an arbitrator from the court's list within thirty (30) days from the date the action is submitted to the court for arbitration and the initial fees have been paid. If the parties do not select an arbitrator within thirty (30) days, the court shall provide each party with an identical list of five (5) candidates from which they may strike no more than two (2) names, and which shall be returned to the Arbitration Office within fifteen (15) days. Failure of a party to return the list within the required time will result in the court appointing from the list of qualified arbitrators." Note that selection cannot proceed until "the initial fees have been paid."

Practically-speaking, court-selected arbitrators are currently paid $400 per case for certain case types (see Superior Court Rules Governing Arbitration of Civil Actions 1(a) for exclusions, one of which is any case where the claimed damages are greater than $100,000), but the Superior Court has discretion to increase the compensation where cases last more than a day. "(c) Fees and Expenses. Arbitrators shall be paid for their services (including but not limited to preparation, hearing and rendering of an award or decision) at the rate of $400.00 per case. Arbitrators shall be paid promptly when they file their awards with the court. Arbitrators may be reimbursed for reasonable expenses actually and necessarily incurred in connection with arbitration hearings. Arbitrators may petition the court and on a showing of good cause may be granted an increased fee in cases lasting longer than a day."

For Small Claims Mediation: Neutral Compensation Is Left to the Discretion of Each District Court - "(b) The chief judge of the district court shall be authorized to establish a system of mandatory mediation for all small claims actions other than actions relating to book accounts for a sum certain. The judges of the district court shall be authorized to make such rules as may be necessary for the establishment of said mandatory mediation system." (See the "Comments" column to the right for more information about neutral compensation in small claims cases, which are heard in district courts.).		In Rhode Island, it is interesting to see that if parties don't accept an arbitrator's award, there is an effective penalty imposed on the loser. As such, while there is a right to trial de novo in arbitration cases such that mandatory arbitration is non-binding, the right is somewhat curtailed. This may raise due process or other constitutional issues way beyond the scope of this Table.

Rhode Island's one federal district court, pursuant to its authority under 28 U.S.C. § 658, provides for one hour of "free time" beyond free preparation time for both court-ordered non-binding arbitration and mediation in a manner close to the way that New York's "90 minutes free time" compensation schemes work, thereby establishing federal Rhode Island neutrals to be effective slaves for at least one hour. Thereafter, compensation for non-judicial/private neutrals is at a rate of no more than $200/hr. as agreed to by the parties. See Amended Alternative Dispute Resolution Plan U.S. Dist. Ct. for the Dist. of R.I. VI.C. ("Thereafter, the parties are equally responsible for the neutral’s compensation at a rate agreed to by the parties, but not to exceed $200 per hour.").

In contrast, where the parties in a case agree to proceed to arbitration such that it is not court-ordered (and note there are some exclusions to the types of cases which the parties may agree to arbitrate, particularly cases where the amount of claimed damages is greater than $150.000 (see id. at X.Arbitration.1.A.)), compensation for arbitrators is set at $200/hr. and specifically includes preparation time. See id. at X.Arbitration.Arbitrators.C. ("Arbitrators shall be paid for their services (including but not limited to preparation, hearing, and rendering of an award or decision) at the rate of $200.00 per hour, equally split between the parties. Arbitrators shall be paid promptly when they file their awards with the court. Arbitrators may be reimbursed for reasonable expenses actually and necessarily incurred in connection with arbitration hearings.").

With respect to small claims mediation, Rhode Island's district courts have an arrangement with the Center for Mediation & Collaboration Rhode Island ("CMCRI") for CMCRI to provide mediation services in such cases for no fee on account of CMCRI having received a grant from the Rhode Island Supreme Court. See the "MEDIATING IN DISTRICT COURT" Section of the CMCRI Website ("Because we receive a grant from the Rhode Island State Supreme Court, this service [i.e., mediation of small claims cases in district court] is offered to you free of charge.") and Rhode Island Courts, FAQ: District Court Small Claims Mediation Program (Rev. Oct. 2017) at 2 (same).

The Supreme Court of Rhode Island also has an appellate mediation program (see generally Supreme Court of Rhode Island Rule 35 (rev. Jan. 2021)) for most civil cases, but currently, it is staffed only by retired justices of the Supreme Court who mediate on a volunteer basis. See Supreme Court of Rhode Island, Appellate Mediation Program Brochure ("Presently, retired justices serve as mediators at no cost to the state. As the program progresses, other qualified mediators may be approved and added.").

A Family Court mandatory mediation program is also offered in certain cases but does not offer any compensation to its neutrals. See Rhode Island Judiciary: Family Court Mediation Program ("The Family Court offers a free court-based mediation program to assist parties in settling cases through a process that is fair, cooperative, and respectful.").

Note the internal contrast within Rhode Island itself: Superior Court arbitrators are paid from a dedicated statutory fund, while Supreme Court appellate mediators serve as volunteers ("Presently, retired justices serve as mediators at no cost to the state") and Family Court mediation is free. Rhode Island therefore funds the one program where the neutral is a decision-maker and volunteers the two where the neutral is a facilitator — a distinction worth examining, since the workload difference does not obviously justify the compensation difference.

Labor arbitration operates on yet another model: R.I. Gen. Laws § 28-9-12(a) provides that "[i]n any proceeding under this chapter, unless the parties agree to the arbitrator's or arbitrators' fees, those fees shall be fixed by the director of labor and training who shall require equal payment of the arbitrators' fees by both parties," and § 28-9-12(b) requires the director to inform the office of budget of the State's share where a department or division of state government is a party.


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South CarolinaArticle V, Sections 4 and 4A of the South Carolina Constitution grant the Chief Justice of the S.C. Supreme Court the power to administer the courts and make rules, provided that the latter are not rejected by at least 3/5 (60%) of the Members of the Houses of the S.C. General Assembly
and
S.C. Judicial Branch ADR Court Rule 9
and
S.C. ADR R. 3(a), 4(c), 4(d)(2)(B)-(C), 9(a)-(d), 23
and
S.C. Code Ann. § 63-3-530(A)(39) 		For Arbitration, Early Neutral Evaluation, and Mediation Where Parties Select Mediator: Agreement of the Parties - "Rule 9 - Compensation of Neutral: (a) By Agreement. When the parties stipulate the neutral, the parties and the neutral shall agree upon compensation."

For Mediation Where Court Selects Mediator: $200 Per Hour with One-Hour Prep Time Limit and Limited Expense Reimbursement Unless Indigent Status Is Granted - "(b) By Appointment. When the mediator is appointed by the Clerk of Court pursuant to Rule 4(c), Rule 4(d)(2)(B), or Rule 4(d)(2)(C) of these rules, the mediator shall be compensated by the parties at a rate of $200 per hour, provided that the court-appointed mediator shall charge no greater than one hour of time in preparing for the initial ADR conference. Travel time shall not be compensated. Reimbursement of expenses to the mediator shall be limited to: (i) mileage costs accrued by the mediator for travel to and from the ADR conference at a per mile rate that is equal to the standard business mileage rate established by the Internal Revenue Service, as periodically adjusted; and (ii) reasonable costs advanced by the mediator on behalf of the parties to the ADR conference, not to exceed $150. An appointed mediator may charge no more than $200 for cancellation of an ADR conference.

(c) Payment of Compensation by the Parties. Unless otherwise agreed to by the parties or ordered by the court, fees and expenses for the ADR conference shall be paid in equal shares per party. Payment shall be due upon conclusion of the conference unless other prior arrangements have been made with the neutral, or unless a party's application for waiver has been granted by the court prior to mediation.

(d) Indigent Cases. Where a mediator has been appointed pursuant to paragraph (b), a party seeking to be exempted from the payment of neutral fees and expenses based on indigency shall file an application for indigency prior to the scheduling of the ADR conference. The application shall be filed on a form approved by the Supreme Court or its designee. Determination of indigency shall be in the discretion of the Chief Judge for Administrative Purposes or his designee. In cases where leave to proceed in forma pauperis has been granted, a party is exempt from payment of neutral fees and expenses, and no application is required to be filed."		South Carolina does not have court-ordered arbitration or early neutral evaluation but only court-ordered mediation. As such, it is only where mediation is concerned that courts will deal with compensation issues. See S.C. Judicial Branch ADR Court Rule 3(a) ("(a) Mediation. All civil actions filed in the circuit court, all cases in which a Notice of Intent to File Suit is filed pursuant to the provisions of S.C. Code 15-79-125(A), and all contested issues in domestic relations actions filed in family court, except for cases set forth in Rule 3(b) or (c), are subject to court-ordered mediation under these rules. Except for exempt cases, in all civil actions filed in the circuit court and all contested issues in domestic relations actions filed in family court, the parties may agree, in lieu of mediation, to conduct an arbitration or early neutral evaluation under these rules. The parties may select their own neutral and may mediate, arbitrate or submit to early neutral evaluation at any time.")

Three Other Points:

1) Section 63-3-530(A)(39) of South Carolina Code of Laws explicitly provides for the availability of ADR processes in family disputes. ("(A) The family court has exclusive jurisdiction: . . . (39) to require the parties to engage in court-mandated mediation pursuant to Family Court Mediation Rules or to issue consent orders authorizing parties to engage in any form of alternate dispute resolution which does not violate the rules of the court or the laws of South Carolina . . . .").

2) Compensation for the mediation of probate disputes comes in at $175/hr. pursuant to South Carolina Supreme Court Order No. 2007-08-23-01 but with more prep. time than one hour allowed in the discretion of the Court. ("Rule 9(b). By Court Order - Mediation. . . . The mediator's rate shall not exceed $175 per hour. Reasonable charges by the mediator for his or her preparation time beyond one hour shall be permitted at the discretion of the Probate Court Judge. Reasonable expenses, including but not limited to travel expenses, shall be subject to reimbursement at the discretion of the Probate Court Judge. An appointed mediator may charge no more than $175 for cancellation of a mediation settlement conference.").

3) South Carolina's ADR Rules are meant to be uniform for the state, with local variations only permitted after the S.C. Supreme Court approves of same. See S.C. Judicial Branch ADR Court Rule 23 ("Rule 23 - Local Rule Making - These rules shall be uniform for all counties. Local rules may be allowed only upon approval of the Supreme Court. . . . ").
Rate history: the court-appointed mediator rate rose from $175 to $200 per hour by amendment effective February 2021. Note that the probate rate under Sup. Ct. Order No. 2007-08-23-01 remains at $175 and was not raised in step, so South Carolina now runs two different court-appointed rates depending on forum.

Note also the contrast in preparation time: circuit and family court appointments are capped at one hour of chargeable preparation under ADR Rule 9(b), while probate appointments permit "[r]easonable charges by the mediator for his or her preparation time beyond one hour... at the discretion of the Probate Court Judge." The lower-rate forum is the more generous one on preparation.

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South DakotaS. Dakota Codified Laws § 16-3-1
and
S. Dakota Codified Laws § 15-6-83
and
S. Dakota Codified Laws § 15-6-76
and
S. Dakota Codified Laws § 21-25A-22
and
S.D. Codified Laws § 21-25B-22, § 21-25B-25		"16-3-1. Law governing making of rules. In the exercise of its constitutional and statutory rule-making power[,] the Supreme Court of South Dakota shall proceed as provided by this chapter and as may be provided by its own rules."

"15-6-83. Rules by courts of record. . . . A majority of the judges in each circuit court may make and amend rules governing practice not inconsistent with the rules contained in this chapter. Any rule, or amendment or repeal thereof, adopted pursuant to this section shall become effective upon being filed with and approved by the Supreme Court. Upon being approved, all such rules, amendments or repeals thereof shall be filed by the Supreme Court with the code counsel, who shall publish them as an appendix to Title 15 of the code."

"15-6-76. Settlement conference--Alternative dispute resolution. Unless the parties have agreed to engage in alternative dispute resolution or are required to do so by contract or statute, the court may not, by order or local rule, require the parties to engage in a settlement conference or any other form of alternative dispute resolution."
Provenance: S.D. Codified Laws § 15-6-76 was adopted as Supreme Court Rule 15-16 and enacted at SL 2016, ch 238, effective January 1, 2016. The prohibition on court-ordered ADR is therefore a self-imposed limit adopted by the South Dakota Supreme Court through its rulemaking power under § 16-3-1, not a legislative restriction on the judiciary. Contrast Iowa, where the comparable restriction appears as a subdivision of the expedited-civil-actions rule and reaches only that track.

Placement note: § 15-6-76 immediately follows §§ 15-6-73 (Discovery in expedited civil actions), 15-6-74 (Motions), and 15-6-75 (Procedure for expedited trials). Unlike Iowa R. Civ. P. 1.281(5), however, § 15-6-76 is a freestanding section rather than a subdivision of an expedited-actions rule, and its text contains no scope limitation. It accordingly reads as a chapter-wide prohibition.

For Arbitration by Prior Agreement of Parties: Arbitrator Determines His/Her Financial Destiny - "21-25A-22. Payment of expenses of proceedings. Except as provided in §§ 21-25B-22 and 21-25B-25, unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of arbitration, shall be paid as provided in the award."		As can be seen from the columns to to the left, South Dakota is one of the few states were court-annexed presumptive/mandatory ADR is PROHIBITED as a matter of law. There does not appear to be any statute or rule that would provide for such a process in general civil cases.

That's not to say that in the future, things could not change. In this regard, there is the ability for courts in local intergovernmental actions (i.e., county vs. county) under South Dakota Codified Laws § 15-6-72.1 to order "alternative dispute resolution, other than binding arbitration, on such terms as the court may order."

Then, in setting neutral compensation rates, the South Dakota legislature may take a cue from cases involving medical services performed by healthcare providers who have signed arbitration agreements with patients. There, state-affiliated arbitrators are paid by the state $100/day from a specific health care services arbitration account set aside for neutral compensation See South Dakota Codified Laws § 21-25B-25 ("Per diem and expenses of panel members--Compensation of arbitration officer--Payments from health care services arbitration account. Each member of the panel shall receive one hundred dollars per day plus expenses at the same rate as other state officers as compensation for his services on the panel. The presiding judge of the circuit court shall fix the compensation of the arbitration officer. All compensation shall be paid out of the health care services arbitration account."). 		Dorothy
Kaldi
&
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45
Tennessee
Tenn. Sup. Ct. R. 31, Sects.
8, 13, and 15(c)
and
Tenn. Code Ann. § 29-5-116
and
Tenn. Sup. Ct. R. 31, §§ 8, 9 & App. A (Standards of Professional Conduct for
Covered Neutrals)
and
Tenn. Code Ann. tit. 36, ch. 6, pt. 4 (Divorcing Parent Education and Mediation Fund)
and
Tenn. Sup. Ct. R. 29; Tenn. Code Ann. § 20-12-127 (fee waivers)
and
Tenn. Code Ann. § 36-4-131		Arbitration: Minimum of $5 Per Day and Agreement of Parties - "29-5-116. Compensation of arbitrators and umpire. Arbitrators and the umpire, if one, shall be entitled to five dollars ($5.00) for each day they were actually engaged in their duties, or to such greater sum as the parties may have in the submission agreed, or as they may in subsequent writing stipulate."

Mediation (except in certain matrimonial/divorce cases falling under Tenn. Sup. Ct. R. 38): "Reasonable Compensation Subject to Court Oversight and a 20-Hour Pro Bono Threshold" - "Section 8. Costs. (a) The costs of any Rule 31 Mediation, including the costs of the services of the Rule 31 Mediator(s) may, at the request of the Rule 31 Mediator(s), be charged as court costs. The request to charge the costs of the services of the Rule 31 Mediator(s) should be submitted to the Court by filing same with the clerk of the court. If the parties appeal to the appellate court(s), the parties may advise the appellate court in their briefs whether the Rule 31 Mediator(s) requested that the cost of the Rule 31 Mediator's services be included in the court costs. (b) The Court may, in its sound discretion, waive or reduce the costs of a Rule 31 Mediation. . . .

Section 13. Compensation. Rule 31 Mediators are entitled to be compensated at a reasonable rate for participation in Court-Ordered Mediations, except pro bono proceedings pursuant to Section 15 of this Rule. . . .

[Section 15](c) Pro Bono Service. As a condition of continued listing, each Rule 31 Mediator shall, if requested by a Court, conduct up to three pro bono mediations per year, not to exceed 20 total hours for all mediations. At the initiation of a pro bono mediation, the Court may, upon a showing by one or more parties of an inability to pay, direct that the Rule 31 Mediator serve without pay. No Rule 31 Mediator will be required to conduct more than three pro bono proceedings or serve pro bono for more than 20 hours in any continuous 12-month period. A Rule 31 Mediator should aspire to render a minimum of fifty (50) hours of pro bono mediation services per year."

THE FUND CAN RUN OUT — Tenn. Sup. Ct. R. 38, Preamble: "In order to help parents receive the necessary education and alternative dispute resolution services, the Tennessee Legislature established the Divorcing Parent Education and Mediation Fund. The Administrative Office of the Courts is charged with the distribution of the moneys in the Fund to or for the benefit of each judicial district to provide education and mediation for indigent parents and the administration of those services. The present Rule sets forth the qualifications and processes for the appointment, compensation, and payment of the reasonable expenses of alternative dispute resolution neutrals and education providers serving indigent parents involved in absolute divorce, legal separation, annulment, or separate maintenance proceedings, and any other custody matters."

"The moneys shall be used to reimburse the providers of parenting education and alternative dispute resolution services where those services have been provided to indigent parents and to pay for the costs of administering the parenting plan law in the various judicial districts. The moneys distributed in accordance with this Rule shall come solely from those moneys in the Divorcing Parent Education and Mediation Fund. The Administrative Office of the Courts has neither the authorization nor the means for supplementing the moneys in the Divorcing Parent Education and Mediation Fund beyond the processes set forth under Title 36, Chapter 6, Part 4 of the Tennessee Code Annotated. Upon depletion of the Divorcing Parent Education and Mediation Fund, and until additional moneys become available under Title 36, Chapter 6, Part 4 of the Tennessee Code Annotated, no further moneys will [be] distributed under this Rule."

SIGNIFICANCE: Tennessee's indigency-compensation mechanism is structurally capped. The AOC has neither authorization nor means to supplement the Fund, and distribution ceases entirely on depletion. Compare the California entry in this Table, where a statutory minimum of $150 became a dead letter once the funding ran out — Tennessee has written that outcome into the rule as an express condition rather than leaving it to happen silently. Compare also R.I. Gen. Laws § 8-6-5, which recycles forfeited party fees back into its arbitration fund, and Okla. Stat. tit. 12, § 1810, which allocates from a revolving fund. Of the segregated-fund states in this Table, Tennessee is the only one that expressly contemplates and provides for its own exhaustion.

FEE WAIVERS: Parties at or below 125% of the federal poverty level may qualify for fee waivers under Tenn. Sup. Ct. R. 29 and Tenn. Code Ann. § 20-12-127. The AOC publishes a Motion for Reduced Fee Mediation and an Order for Reduced Fee Mediation, along with a Motion to Preempt Mediation.		Except for the 3-mediation/20-hour pro bono limit, Tennessee' s neutral compensation scheme for case evaluations, judicial settlement conferences, mini-trials, non-binding arbitrations, and summary jury trials is the same as for mediations, namely "Reasonable Compensation Subject to Court Oversight." See Tenn. Sup. Ct. R. 31A, Sects. 8 and 12.

Supreme Court Rule 38 "Divorcing Parent Education and Mediation Fund" cases involve partial mediator compensation paid by courts and have a specific maximum fee and expense structure.

"Section 2. Alternative Dispute Resolution Services . . . (c) Maximum fee. (1) Services Rendered. Qualified Neutrals who receive moneys under this Rule shall be limited to a maximum fee of $50.00 per hour ($25.00 per parent per hour) for time reasonably spent in actual alternative dispute resolution sessions with the parents ("in-session time") and $40.00 per hour ($20.00 per parent per hour) for time reasonably spent in preparation for the alternative dispute resolution sessions and for time reasonably spent in preparing agreements or proposed agreements reached during the alternative dispute resolution sessions ("out-of-session time"), a portion of which may be reimbursed from the Divorcing Parent Education and Mediation Fund. The total number of hours that may be reimbursed from the Divorcing Parent Education and Mediation Fund shall not exceed ten (10) hours in aggregate for both in-session and out-of-session time. (2) Expenses Incurred. A Qualified Neutral shall be reimbursed for certain necessary expenses incurred directly in the rendering of the alternative dispute resolution process. (i) Expenses for long distance telephone calls, copying, printing, and travel within the state, approved by the court as reasonably necessary, will be reimbursed. Claims for reimbursement for long distance telephone calls must be supported by a log showing the date the call was made, the person or office called, the purpose of the call, and the duration of the call stated in one-tenth (1/10) hour segments. Travel within the state will be reimbursed in accordance with Judicial Department travel regulations. (ii) A Qualified Neutral may not be reimbursed for the services of a lawyer, other Qualified Neutral, other alternative dispute resolution neutral, paralegal, law clerk, secretary, legal assistant or other administrative assistants."

Note the statutory citation in Rule 38 itself: the Rule cites the Fund's enabling statute as "T.C.A. § 6-6-413," but the Rule's own operative references are to "Title 36, Chapter 6, Part 4 of the Tennessee Code Annotated." Title 6 is Cities and Towns; the Fund provision is at Tenn. Code Ann. § 36-6-413. Cite Title 36.

Mediator qualification and the economics of listing: Rule 31 mediators must complete either a 40-hour general civil mediation training or a 46-hour family mediation training approved by the Alternative Dispute Resolution Commission. Under ADR Commission policy, trainers with an approved curriculum of 40 hours or more pay the Commission $100.00 for each attendee, and trainers with a curriculum of less than 40 hours pay $50.00 per attendee (revised 4/23/19) — a cost passed through to prospective neutrals. An applicant will not be approved as a Rule 31 listed mediator if previously licensed and no longer licensed in his or her occupation or profession for disciplinary reasons, and may reapply upon restoration.

Renewal category of interest: ADR Commission policy permits a mediator to attest that he or she will ONLY mediate pro bono in the renewal year — taking no stipends and filing no Rule 38 claims. Tennessee thus formally recognizes a volunteer-only status distinct from the compensated roster, rather than imposing free time on all listed neutrals.

Domestic violence: where mediation is requested by a victim of domestic violence, the judge may order it conducted by a Rule 31 family mediator with specialized domestic violence training, who screens for capacity to consent, voluntariness, and whether the process can be conducted safely. Courts may use Rule 38 to order pro bono or reduced-fee mediation taking into account each party's ability to pay, or use Community Mediation Center volunteer family mediation and screening programs.

Sources: Tenn. Sup. Ct. R. 31 — https://www.tncourts.gov/courts/supreme-court/rules/supreme-court-rules/rule-31-alternative-dispute-resolution-mediation ; Tenn. Sup. Ct. R. 38 — https://www.tncourts.gov/rules/supreme-court/38 ; ADR Commission Policies — https://tncourts.gov/programs/mediation/resources-mediators/policies ; Mediation Forms & Invoices — https://www.tncourts.gov/programs/mediation/resources-mediators/forms-invoices		Dorothy
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TexasTex. Civ. Prac. & Rem. Code § 154.023
and
Tex. Civ. Prac. & Rem. Code § 154.054(a)-(b)
and
Tex. Civ. Prac. & Rem. Code § 154.055
and
Tex. Civ. Prac. & Rem. Code ch. 152 (Alternative Dispute Resolution System
Established by Counties), § 152.006

Reasonable Compensation as Set by Court for Both Arbitration and Mediation - "Compensation of Impartial Third Parties. (a) The court may set a reasonable fee for the services of an impartial third party appointed under this subchapter. (b) Unless the parties agree to a method of payment, the court shall tax the fee for the services of an impartial third party as other costs of suit."
NEVER AMENDED: § 154.054 was added by Acts 1987, 70th Leg., ch. 1121, § 1, eff. June 20, 1987, and has not been amended since.

THE IMMUNITY TRADE-OFF — § 154.055, QUALIFIED IMMUNITY OF IMPARTIAL THIRD PARTIES: "A person appointed to facilitate an alternative dispute resolution procedure under this subchapter or under Chapter 152 (Alternative Dispute Resolution System Established by Counties) relating to an alternative dispute resolution system established by counties, or appointed by the parties whether before or after the institution of formal judicial proceedings, who is a volunteer and who does not act with wanton and wilful disregard of the rights, safety, or property of another, is immune from civil liability for any act or omission within the course and scope of his or her duties or functions as an impartial third party. For purposes of this section, a volunteer impartial third party is a person who does not receive compensation in excess of reimbursement for expenses incurred or a stipend intended as reimbursement for expenses incurred. This section neither applies to nor is it intended to enlarge or diminish any rights or immunities enjoyed by an arbitrator participating in a binding [arbitration]."

SIGNIFICANCE — TEXAS PENALIZES COMPENSATION: Texas is, so far as this Table has identified, the ONLY state that conditions a neutral's statutory qualified immunity on serving without compensation. A Texas neutral who accepts anything beyond reimbursement of expenses or an expense-equivalent stipend is not a "volunteer" under § 154.055 and falls outside the immunity. Texas therefore does not merely decline to guarantee compensation - it attaches an affirmative liability cost to accepting it. Read together with the permissive "may" in § 154.054(a), the combined effect is a statutory scheme in which the compensated neutral has neither an assured fee nor immunity, while the uncompensated neutral has immunity but no fee.

Note the arbitration carve-out: § 154.055 expressly neither applies to nor enlarges or diminishes the rights or immunities of an arbitrator participating in a binding arbitration, so the volunteer condition does not reach binding arbitrators.

Related definitional provisions: § 154.023(a) ("Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them"); § 154.023(b) ("A mediator may not impose his own judgment on the issues for that of the parties"); § 154.023(c) (mediation includes victim-offender mediation by the Texas Department of Criminal Justice described in Article 56A.602, Code of Criminal Procedure). Section 154.053(a) provides that the impartial third party "shall encourage and assist the parties in reaching a settlement of their dispute but may not compel or coerce the parties to enter into a settlement agreement."		Notice the permissive "may," as opposed to "shall." Neutral compensation in Texas is left up to the individual judge, as is the case in Mississippi, but there are no guarantees. In this regard, compare Mississippi's neutral compensation statutory scheme, which makes use of the mandatory "shall," as opposed to the permissive "may."

Also, interestingly, Texas has a statute that allows for reasonable compensation of ADR PROVIDER ENTITIES in addition to individual neutrals. See Tex. Civ. Pract. & Remedies Code Title 7, Section 152.006 ("An entity described by Section 152.002 (Establishment)(a) or (b)(1) that provides services for the resolution of disputes may collect a reasonable fee set by the commissioners court.").

Reinforcement of the permissive-"may" point: § 154.054 has stood unamended since June 20, 1987. Compare Connecticut, whose $100/day and $25/decision arbitrator and fact-finder rates likewise date from the early 1980s and have never been increased - in both states, the neutral compensation provision is not a contested policy that the legislature has revisited and declined to strengthen, but one that has simply gone unexamined for four decades.

Chapter 154 subchapter structure, for citation purposes: Subchapter A (§§ 154.001-154.003, definitions, policy, responsibility of courts and court administrators); Subchapter B (§§ 154.021-154.028, referral, notification and objection, and the individual procedures - mediation, mini-trial, moderated settlement conference, summary jury trial, arbitration, and mediation following application for expedited foreclosure); Subchapter C (§§ 154.051-154.055, impartial third parties - appointment, qualifications, standards and duties, compensation, and qualified immunity); Subchapter D (§§ 154.071-154.073, effect of written settlement agreement, statistical information, and confidentiality). Title 7 of the Civil Practice and Remedies Code is captioned "Alternate Methods of Dispute Resolution."		Anwi Gudivada
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UtahUtah Const. art. VIII, § 12
and
Utah Code Ann. § 78B-6-205(3)(q)
and
Utah Code Jud. Admin. (UCJA) R. 4-510.01, 4-510.03, 4-510.05, 4-510.06
and
Utah Rules of Court-Annexed Alternative Dispute Resolution (URCADR)
and
Utah R. App. P. 28A (Appellate Mediation Office)
and
Utah State Court Roster of ADR Providers		Left up to Judicial Council (similar to California) for Arbitration and Mediation - "(3) The rules of the Judicial Council shall include provisions: (q) to assess the fees to cover the cost of compensation for the services of the ADR provider and reimbursement for the provider's allowable, out-of-pocket expenses and disbursements."

(Practically speaking, the status quo in Utah is that individual arbitrators and mediators set their own rates as set forth in listings comprising a state-wide Court Roster, but there are maximum fees that can be charged).

ROSTER CONDITION — THREE PRO BONO MEDIATIONS PER YEAR: To be eligible for the Court Roster, an applicant must "[a]gree to conduct at least three pro bono mediations each year, at least one of these will be assigned by the Director." Compare Alabama (two appellate cases per year), California (one case per year, not to exceed eight hours), Tennessee (up to three mediations, not to exceed 20 total hours), New Jersey (two free hours per case), and Maryland ("a reasonable number," undefined). Utah's obligation is among the heaviest in this Table and, unlike California's and Tennessee's, carries NO HOURS CAP.

THE FEE-WAIVER MECHANISM SHIFTS COST TO THE NEUTRAL: "Any party may petition the court for a waiver of all or part of the fees so allocated on a showing of impecuniosity or other compelling reason. If such waiver is granted, the party shall contact the Director who will appoint a pro bono ADR provider." Utah is therefore NOT a state-pays jurisdiction. A granted waiver does not produce a subsidy; it produces a pro bono assignment. Contrast Colorado ($40 per party per hour paid by the State in indigency cases), New Hampshire (mediator paid from the Fund), North Dakota (court pays the "gap" between the set rate and ability to pay), Oregon (state pays waived and deferred fees), and Vermont (Judiciary subsidizes up to 10 hours).

SELECTION — UCJA R. 4-510.05(4): "(4)(A) Upon referral of a case or any issues therein to the ADR program, the parties shall choose the ADR provider(s) for the case. If mediation is the selected ADR process, one mediator shall be selected. If arbitration is the selected ADR process, one arbitrator shall be selected, unless the parties stipulate to or the court orders the use of a panel of three arbitrators. (4)(B) The parties may select: (4)(B)(i) An ADR provider from the roster on the Court's web site; or (4)(B)(ii) An ADR provider pro tempore having specialized skill, training, or experience in relevant subject matter. Pro tempore providers must agree in writing to comply with this rule and the URCADR. (4)(C) If the parties are unable to select a provider the parties shall return a copy of the court roster to the Director with the names of up to half of the members of the roster stricken."

ROSTER OBLIGATIONS AND SANCTIONS — UCJA R. 4-510.03: providers must "agree to complete and annually complete up to six hours of ADR training as required by the Judicial Council" and "submit an annual report to the Director indicating the number of mediations and arbitrations the ADR provider has conducted that year." New applicants must complete at least 40 hours of court-approved basic formal mediation training within the last three years under a single course from a single provider, plus 10 hours observing a court-qualified mediator and 10 hours conducting or co-mediating; must pass an examination on the Code of Ethics for ADR providers; and must be of good moral character. Divorce mediation requires an additional 32 hours of court-approved training and a minimum of 6 hours of domestic violence and screening training. Arbitrator re-qualification requires at least three arbitration sessions or 12 hours of arbitration during the previous year, unless waived by the Director for good cause.

Sanctions under R. 4-510.03(9) include a written warning and required additional training, observation by the Director of a set number of sessions, and suspension from the roster; public sanctions are publicized by the Judicial Council's ad hoc committee on ADR.		The Judicial Council has let arbitrators and mediators set their own rates, as per this FAQ from the Utah Courts website:

"How much does it cost to mediate or arbitrate? Providers set their professional rate. The maximum hourly fee charged by individual mediators and arbitrators is indicated in the Court Roster. Please note mediators charge various fees ranging from $30.00-300.00 per hour. Fees are usually based on experience and background. Most mediation sessions typically run 3-4 hours but may be more or less depending on the issues involved. The fees are usually split among the parties unless ordered or arranged otherwise. For example: A mediator hired at $100.00 an hour conducts a four hour mediation. The charge will be $400.00 for the mediation session. If there are 2 parties involved, each party will owe $200.00 to the mediator."

Note that the Court Roster is not an endorsement: "The court provides a list of mediators as a service to the citizens of Utah. It is not an endorsement of these professionals; rather it is a list of the people in your area who currently work as ADR providers." The roster includes a biographical sketch, facility location and description, areas of professional expertise, FEES, and the judicial district(s) served.

Parties needing financial assistance outside the waiver mechanism are directed to Utah Dispute Resolution, a nonprofit providing mediation on a sliding fee scale.

Utah maintains a separate appellate program under Utah R. App. P. 28A (Appellate Mediation Office), not previously reflected in this Table. 		Dorothy
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Vermont
12 V.S.A. § 5665
and
12 V.S.A. § 5675(a)
and
V.R.C.P. 16.3(a), (c)(1)-(2), (f)
and
V.R.F.P. 18(d)(1)(A)-(B), 18(f)
and
V.R.P.P. 16.1(b)
and
Vt. Superior Ct. Family Mediation Program Uniform Sliding Fee Scale (upd. May 2023);
Parent Coordination Program Sliding Fee Scale
For Arbitration by Agreement of Parties: Arbitrator Establishes His/Her Financial Destiny - "§ 5665. Fees and expenses of arbitration. Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses incurred in the conduct of the arbitration, shall be paid as provided in the award."

For Civil Mediation (V.R.C.P.): Private Agreement - The parties and their mediator work out a fee but the Court can fee-shift mediation fees onto a non-prevailing party, thereby giving the parties an incentive to mediate - "(1) Fees and Expenses; Payment for Services; Taxation as Costs. (A) The fees and expenses of a mediator selected by the parties will be agreed upon by the parties and the mediator. (B) Each party must pay an equal share of the fees and expenses of any selected or designated mediator unless otherwise agreed or ordered. Any party that believes it is financially unable to pay the fee may file a motion with the court requesting that mediation not be required in the case. (C) If mediation under this rule does not result in settlement or other final disposition of the action, payments made to a mediator may be taxed as costs to the prevailing party in the discretion of the court."

For Family Mediation (V.R.F.P.): Court-subsidized Mediation Based Upon Party Income - "(B) If the mediation cannot be conducted by a mediator chosen as provided in subparagraph (A) of this paragraph, the mediation will be conducted by an individual mediator from the Family Division Mediation Program's [which has an established sliding scale of fees - see the "Comments" column] list of mediators, acceptable to the court and the parties. If the parties are not in agreement, the court may appoint a mediator from the Mediation Program list. If no mediator on the Mediation Program's list is available to conduct the mediation, the court may designate another mediator with credentials comparable to the minimum requirements for inclusion on the list, including domestic-violence training."

For Probate/Surrogate's Court (V.R.P.P.): Court Enabled to Determine Compensation - "The court shall have the discretion to establish the allocation of payment for the fees and expenses of mediation."

PRESUMPTIVE CIVIL MEDIATION — V.R.C.P. 16.3(a): "(1) Except as provided in paragraph (2), the parties must participate in mediation pursuant to this rule unless excused by the judge." Mediation is not required in small claims actions. V.R.C.P. 16.3(b)(1): "When Filed. In every action in which mediation is required under this rule, the parties must file a stipulation for mediation within thirty days of the filing of the last answer. If the parties fail to do so, the court may appoint a mediator and set a deadline for mediation. (2) Contents. The stipulation for mediation must contain: (A) The designation of a specific individual, who need not be an attorney, to serve as the mediator; (B) Any agreement concerning the payment of the mediator's fees and expenses..." Rule history: added Oct. 5, 1999, eff. Dec. 31, 1999; amended Mar. 6, 2002, eff. July 1, 2002; June 16 [and subsequently].

THE SUBSIDY MECHANISM — A GUARANTEED $60/HOUR TO THE MEDIATOR: Under the Vermont Superior Court Family Mediation Program's sliding fee scale (last updated May 2023), "[t]he mediator determines who qualifies for a subsidy after reviewing the Mediation Subsidy Application. If you are eligible for a subsidy, mediators in the program agree to charge you an out-of-pocket hourly fee so that the total of the hourly subsidy and the out-of-pocket hourly fee per person equals $60. The Judiciary helps pay for up to 10 hours of subsidized services with the mediator. If you are not eligible for the subsidy, you will pay the mediator's standard hourly fee, which varies from mediator to mediator." Worked example published by the Judiciary: "If your income is $20,000 per year, you qualify for a subsidy of $45 per hour, making your out-of-pocket fee $15 per hour."

SIGNIFICANCE: Vermont guarantees the family mediator a blended $60 per hour for up to ten hours regardless of the party's ability to pay, with the Judiciary covering the shortfall. The neutral is made whole to a fixed floor; the party pays only what the scale assigns. Of the state-pays models in this Table, Vermont's is the simplest to state and the easiest to price — a single blended rate and a single hour cap.

PARENT COORDINATION PROGRAM: a separate sliding fee scale applies, under which "[e]ach Parent pays for half of the total hours spent on parent coordination, based on the fee schedule listed in the above chart," and "[f]ees do not exceed $150 per person for ½ of the total hours spent on parent coordination."		Court-annexed arbitration does not appear to exist in Vermont save in three limited scenarios: where the parties' agreement does not provide a method for arbitrator appointment, where the method for arbitrator selection that the parties agreed to fails for whatever reason, and where a previously-appointed arbitrator is rendered incapacitated or otherwise unfit to serve. In these circumstances, the Court becomes empowered to appoint one or more arbitrators as necessary. See 12 V.S.A. § 5675(a) ("On application of a party, a court shall appoint one or more arbitrators if: (1) the arbitration agreement does not provide for a method of appointment; or (2) the agreed method fails or for any reason cannot be followed; or (3) an appointed arbitrator fails or is unable to act and his or her successor has not been duly appointed.").

The Vermont Superior Court Family Mediation Program offers court-subsidized, sliding scale mediation rates to participants based upon income.

All Vermont mediation frameworks mentioned herein (Civil, Family, and Probate) provide for sanctions. V.R.C.P. 16.3(f) is illustrative: "(f) Sanctions. — If a party, lawyer, or other person who is required to participate in a mediation under this rule does not appear at the mediation, or does not comply with any other requirement of this rule or any order made under it, unless that person shows good cause for not appearing or not complying, the court will impose one or more of the following sanctions: (1) The court will require the party or lawyer, or both, to pay the reasonable expenses, including attorney's fees and costs, of the opposing party, and any fees and expenses of the mediator, incurred by reason of the nonappearance, unless the court finds that such an award would be unjust in the circumstances. (2) In addition, the court may order the parties to submit to mediation, dismiss the action or any part of the action, render a decision or judgment by default, or impose any other sanction that is just and appropriate in the circumstances."

The sanctions provision runs in parallel across all three Vermont mediation frameworks. V.R.F.P. 18(f) mirrors V.R.C.P. 16.3(f), requiring the non-appearing party or lawyer to pay "the reasonable expenses, including attorney fees, of the opposing party, AND ANY FEES AND EXPENSES OF THE MEDIATOR, incurred by reason of the nonappearance, unless the court finds that such an award would be unjust in the circumstances." Vermont thus protects the mediator's fee against party non-appearance by rule in civil, family, and probate matters alike — a protection absent in most states in this Table.

Related Vermont ADR statutes not previously reflected here: the foreclosure mediation statute giving homeowners the option of mediation and requiring lenders to send a notice of intent to foreclose with a mediation application.
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VirginiaVirginia Code § 8.01-576.5
and
Virginia Code § 8.01-581.07
and
Virginia Code § 20-124.4		For All Types of ADR: Agreement of Parties with No Court Involvement - "§ 8.01-576.5. Referral of disputes to dispute resolution proceedings. While protecting the right to trial by jury, a court, on its own motion or on motion of one of the parties, may refer any contested civil matter, or selected issues in a civil matter, to an orientation session in order to encourage the early resolution of disputes through the use of procedures that facilitate (i) open communication between the parties about the issues in the dispute, (ii) full exploration of the range of options to resolve the dispute, (iii) improvement in the relationship between the parties, and (iv) control by the parties over the outcome of the dispute. The neutral or intake specialist conducting the orientation session shall provide information regarding dispute resolution options available to the parties, screen for factors that would make the case inappropriate for a dispute resolution proceeding, and assist the parties in determining whether their case is suitable for a dispute resolution process such as mediation. The court shall set a date for the parties to return to court in accordance with its regular docket and procedure, irrespective of the referral to an orientation session. The parties shall notify the court, in writing, if the dispute is resolved prior to the return date.

Upon such referral, the parties shall attend one orientation session unless excused pursuant to § 8.01-576.6 [which gives parties an automatic right to opt-out of the orientation session]. Further participation in a dispute resolution proceeding shall be by consent of all parties. Attorneys for any party may participate in a dispute resolution proceeding."

For Arbitration by Agreement of the Parties: Arbitrator Determines His/Her Financial Destiny - "§ 8.01-581.07. Award; fees and expenses to be fixed. . . . Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees incurred in the conduct of the arbitration, and all other expenses, not including counsel fees, shall be paid as provided in the award."

"§ 20-124.4. Mediation. . . . B. The fee of the mediator shall be $100 [see "Comments" column as to whether this has been recently raised to $120] per appointment mediated and shall be paid by the Commonwealth from the funds appropriated for payment of appointments made pursuant to subsection B of § 16.1-267. Any referral that includes both (i) custody or visitation and (ii) child or spousal support shall be considered two separate appointments." 		IMPORTANT: Like North Dakota, Virginia is NOT a presumptive/mandatory ADR state such that parties are only "encouraged" to use ADR at the state level on a voluntary basis based on an initial court-ordered ADR orientation session, which is itself optional (i.e., the parties can opt out of attending even that session). As such, neutral compensation in civil disputes is entirely a function of agreement of the parties.

Two exceptions involving set neutral compensation rates are found in the mediation of District Court civil cases and child custody disputes (but, again, this is only based on the parties' agreement to utilize these processes, and these fees are paid by the Court itself and not the parties, indicating the presence of a contactual arrangement between the courts and mediators to accept these rates): (1) District Court civil case mediations are set at a rate of $90 per mediation session (see General District Court Mediator Services Payment Invoice ("MSPI")); and (2) in child custody cases (see columns to the left), mediator compensation is set at a flat rate of $120 per mediation session (although the official website of the Virginia legislature still lists the compensation at $100 per mediation session).

A slide presentation from Virginia's Division of Dispute Resolution Services discussing the 2019-2020 fiscal year references the two exceptions above. ("Virginia Code Section 20.124.4 authorizes payment for custody, visitation, or support (CVS) mediation. Effective FY17 payment per mediation was raised from $100 to $120, and support filings and custody or visitation filings may be billed separately. . . . In FY20, mediators and mediation providers were paid using ADR-MSPI forms for each court referred mediation. The volume of mediations around the state is tracked using these ADR-MSPI forms.").

The $100/$120 discrepancy remains unresolved as of this writing: Va. Code § 20-124.4 still reads "$100 per appointment mediated," while the Judicial System's own Orders of Referral instructions direct payment of $120. Cite both and note the conflict rather than choosing between them.		Anwi Gudivada
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WashingtonRev. Code Wash. (RCW) 7.06.040(4)
and
RCW 7.04A.210(4)
and
RCW 7.75.030
and
RCW 26.09.015(2)(a)
and
Rev. Code Wash. § 2.08.180 		For Arbitration of Maintenance/Child Support Cases and Cases Where the Amount in Controversy Is $100,000 or Less in Counties with Populations of at Least 100,000 People (see RCW 7.06.10 & RCW 7.06.020): "(4) Arbitrators shall be compensated in the same amount and manner as judges pro tempore of the superior court."

For Arbitration of Non-Maintenance/Child Support Cases and Cases Where the Amount in Controversy is Greater Than $$100,000 or in Counties with Populations Less Than 100,000 People: Arbitrator Controls His/Her Financial Destiny - "(4) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award."

For Mediation of General Civil Disputes: "Pro Bono" or "Low Bono"/Sliding Scale Mediation Services Provided by a Network of Dispute Resolution Centers - "RCW 7.75.030. Services to be provided without charge or for fee based on ability to pay. A dispute resolution center established under this chapter shall provide dispute resolution services either without charge to the participants or for a fee which is based on the participant's ability to pay."

For Mediation of Family Law/Parenting Cases: Courts Are Encouraged to Use the "Most Cost-Effective Mediation Services Readily Available" - "(2)(a) Each superior court may make available a mediator. The court shall use the most cost-effective mediation services that are readily available unless there is good cause to access alternative providers. The mediator may be a member of the professional staff of a family court or mental health services agency, or may be any other person or agency designated by the court. In order to provide mediation services, the court is not required to institute a family court."

THRESHOLD AND TERMINOLOGY, CORRECTED: The $15,000 figure dates from the program's 1979 enactment and rose repeatedly thereafter. It stood at $50,000 for a number of years until, on March 13, 2018, the Governor signed a revised RCW 7.06 increasing the maximum amount in controversy to $100,000 and raising the trial de novo fee from $250 to $450, effective September 1, 2018. The same act removed the word "mandatory" from the statute; the program is now "civil arbitration," not "mandatory arbitration," and prior references to "MAR" should be updated.

RCW 7.06.010 now requires arbitration in counties with a population over 100,000, with smaller counties authorizing it either by majority vote of the superior court judges or by the county legislative authority. Counties adopt the $100,000 ceiling individually, so the operative limit is "up to $100,000, county by county."		For the compensation of judges pro tempore of the superior court that is applicable to certain types of arbitration in Washington, see RCW 2.08.180 ("A judge pro tempore who is a practicing attorney and who is not a retired justice of the supreme court or judge of a superior court of the state of Washington, or who is not an active judge of a court of the state of Washington, shall receive a compensation of one-two hundred fiftieth of the annual salary of a superior court judge for each day engaged in said trial, to be paid in the same manner as the salary of the superior judge.").

As alluded to in the columns to the left, Washington does not appear to have a general mandatory or presumptive mediation program for civil cases. Instead, it has a network of State Dispute Resolution Centers ("DRCs") that provide mediation services in a variety of cases, including limited criminal actions. These services are either pro bono or "low bono." See https://www.courts.wa.gov/court_dir/?fa=court_dir.dispute ("DRCs provide free services or use a sliding fee scale based on income.") and https://onlinemasteroflegalstudies.com/career-guides/become-a-mediator/court-certified-mediation-requirements-by-state/#washington ("There are no statewide standards or guidelines for mediators who wish to receive court-referred cases. Instead, court-connected mediation goes through Dispute Resolution Centers (DRCs) in the state.").

DRCs are allowed to accept both public and private contributions to fund operations. See RCW 7.75.070 ("RCW 7.75.070. Center may seek and expend funds. A dispute resolution center established under this chapter may seek and accept contributions from counties and municipalities, agencies of the state and federal governments, private sources, and any other available funds, and may expend the funds to carry out the purposes of this chapter.").

Nonetheless, notwithstanding the presence of the DRCs, there are some local superior courts that have their own compensation structures. San Juan County, for example, has a "compensation is set by the parties' agreement" rule, namely SPR 94.08.03.(e) ("(e) Cost of Mediation. Mediators shall be paid by the parties in accordance with the agreement of the parties, or in the absence of agreement, as determined by the Court.").
Note that the RCW 7.06.040(4) arbitrator-compensation provision should be re-checked against the post-2018 renumbering, since the 2018 act restructured the chapter.		Dorothy
Kaldi
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Anwi Gudivada
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West VirginiaW. Va. Const. art. VIII, § 3
and
W. Va. Code § 55-10-23
and
W. Va. Code § 48-9-202(a), (d)
and
W. Va. Code § 55-7B-6b (mandatory mediation in medical professional liability actions)
and
W. Va. Tr. Ct. R. 25.01-25.12, esp. 25.04, 25.06, 25.12
and
W. Va. R. Prac. & P. Fam. Ct. 38, 39, 40, 41
and
W. Va. Judiciary, Uniform Sliding Scale for Mediation Fees		"8-3. Supreme court of appeals; jurisdiction and powers; officers and employees; terms. . . . The [Supreme] [C]ourt [of Appeals] shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the state relating to writs, warrants, process, practice and procedure, which shall have the force and effect of law."

For Arbitration: Arbitrator Controls His/Her Financial Destiny - "Remedies; fees and expenses of arbitration proceeding. . . . (d) An arbitrator's award shall provide for the payment of expenses and fees, together with other expenses to be split among the parties, as provided by the parties' agreement or the rules of the arbitration organization."

For Mediation of Civil Cases: Agreement of the Parties or Selection of Mediator by Court Paid by Parties with Expenses Paid by Court for Volunteer Mediators - "Rule 25.06. Compensation of Mediator. If the parties by their own agreement choose a mediator who requires compensation, the parties shall by written agreement determine how the mediator will be compensated. If the parties do not select a mediator by agreement, the court may designate a mediator who may require compensation. If it has established a budget approved by the Supreme Court of Appeals for this purpose, the court may reimburse a volunteer mediator for reasonable and necessary expenses, according to Supreme Court of Appeals travel regulations."

For Mediation of Family Court Cases: Fees Set by Court According to Sliding Scale - "Rule 41. Mediation fees . . . Mediation services shall be ordered at hourly fees which are affordable to the parties and consistent with the approved sliding scale. The court may apportion the costs of mediation between the parties based on their abilities to pay. No mediator may charge a fee for court ordered mediation greater than the fee provided by the approved sliding scale."

ROSTER LISTING FEES — PRICED AGAINST THE PAID MEDIATOR: To implement Trial Court Rule 25.04, the West Virginia State Bar maintains a website listing of members willing and qualified to serve as mediators in the circuit courts on the following terms: "A member who is willing to serve on a volunteer basis shall be listed at no cost in one county. A member who is willing to serve on a paid basis shall be listed in up to five counties for an annual fee of $50. A member who is only willing to be a paid mediator shall be listed in up to ten counties for an annual fee of $100."

SIGNIFICANCE: West Virginia is the only state identified in this Table that attaches an EXPLICIT MONETARY PRICE to a neutral's unwillingness to work without compensation. The volunteer is listed free; the mediator open to paid work pays $50; the mediator who will accept only paid work pays $100. Compare Texas, which conditions statutory qualified immunity on volunteer status under Tex. Civ. Prac. & Rem. Code § 154.055 — both states impose a cost on being compensated, Texas in liability exposure and West Virginia in cash.

The State Bar notes that its list is not exclusive: "It is not the intent of The West Virginia State Bar that this list be the exclusive list of individuals who may serve as mediators, or may be otherwise qualified to perform mediations, but is a list mandated by Trial Court Rule 25.04."

INDIGENCY FALLS ON THE MEDIATOR: Per the Judiciary's Family Court Mediation page — "Parents must pay for mediation at an hourly rate based on their combined annual incomes. Many mediators volunteer their time to mediate cases for indigent parents." Read together with W. Va. Code § 48-9-202(d) ("State revenues shall not be used to defray the costs for the services of a mediator"), West Virginia expressly forecloses the state-pays model adopted in Colorado, New Hampshire, North Dakota, Oregon, and Vermont. The statute permits only that "the Supreme Court of Appeals may use a portion of its budget to pay administrative costs associated with establishing and operating mediation programs" and that grants and gifts to the state may fund mediation without counting as state revenues.

MANDATORY MEDIATION IN MEDICAL MALPRACTICE — W. Va. Code § 55-7B-6b: "The court shall also order the parties to participate in mandatory mediation. The mediation shall be conducted pursuant to the provisions of trial court rule 25." This is a statutory mandate operating on top of the discretionary Rule 25 referral scheme, and is not currently reflected in this row.		West Virginia has an explicit statutory authorization for the sliding scale compensation system established by Family Court Rule 41, which appears in the columns to the left, and that is W. Va. Code § 48-9-202(d) ("(d) Mediation services authorized under subsection (a) of this section shall be ordered at an hourly cost that is reasonable in light of the financial circumstances of each parent, assessed on a uniform sliding scale. Where one parent's ability to pay for such services is significantly greater than the other, the court may order that parent to pay some or all of the expenses of the other. State revenues shall not be used to defray the costs for the services of a mediator: Provided, That the Supreme Court of Appeals may use a portion of its budget to pay administrative costs associated with establishing and operating mediation programs: Provided, however, That grants and gifts to the state that may be used to fund mediation are not to be considered as state revenues for purposes of this subsection.").

Court-Approved Family Court Mediator qualifications (Fam. Ct. R. 38): at minimum, a four-year degree from an accredited college or university; completion of a forty-hour family mediation course approved by the Supreme Court; two observations of family court mediations; and three co-mediations with experienced family court mediators.

Screening and exclusions: mediation may not be required where there is a history of domestic violence, child abuse or neglect, substance abuse, mental illness, or a significant power imbalance. Every family court office provides pre-mediation screening under Rule 39 to determine whether these factors would prevent meaningful participation. Confidentiality of premediation screening and mediation is governed by Trial Court Rule 25.12; no premediation screener or mediator may be subpoenaed, called to testify, or otherwise subjected to process requiring disclosure of confidential information in any proceeding relating to or arising out of the dispute mediated.

Fee waiver: a party who qualified for a filing fee waiver may ask the court to waive mediation costs, but there is no guarantee the court will do so.		Dorothy
Kaldi
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Anwi Gudivada
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WisconsinWis. Stat. § 802.12(2)(d)
and
Wis. Stat. § 802.12(2)(d)
and
Wis. Stat. § 814.615		For Arbitration and Mediation (and More): "Reasonable Fees and Expenses of ADR Provider" as Agreed to by Parties or Set by Court - "(d) If the parties cannot agree regarding the payment of a provider of a settlement alternative [which includes arbitration, mediation, and other dispute resolution processes], the judge shall direct that the parties pay the reasonable fees and expenses of the provider of the settlement alternative. The judge may order the parties to pay into an escrow account an amount estimated to be sufficient to pay the reasonable fees and expenses of the provider of the settlement alternative."In family law cases, Wisconsin has a set system of fees paid by the parties to county courts that are used for the provision of mediation services as well as child placement studies. See generally Wis. Stat. § 814.615 (providing for flat fees of $200 for more than one mediation session and $300 for child placement studies, although if the parties are unable to pay, courts are still obligated by statute to provide the services described in the statute).

Dorothy
Kaldi
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Anwi Gudivada
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WyomingWyo. Stat. Ann. § 1-36-105
and
Wyo. Stat. Ann. § 1-36-112
and
Wyo. R. Prac. & P. Dist. Cts. 40(b)(2)(D)-(E)		For Arbitration by Agreement of Parties: Arbitrator Establishes His/Her Financial Destiny - "Section 1-36-112 - Expenses and fees for arbitrators. The arbitrators' expenses, fees and other costs, not including counsel fees, incurred in the arbitration shall be paid as provided in the award, unless otherwise provided in the arbitration agreement."

For Mediation or Settlement Conferences in Most Civil Cases: Agreement of the Parties Without Court Involvement in Setting Neutral Compensation - "(D) Fees and Costs. For those cases filed in court and assigned for settlement conference or mediation: (i) compensation for services shall be arranged by agreement between the parties and the person conducting the settlement conference or serving as the mediator, and (ii) that person's statement shall be paid within 30 days of receipt by the parties."		Court-annexed arbitration does not appear to exist in Wyoming save in three limited scenarios: where the parties' agreement does not provide a method for arbitrator appointment, where the method for arbitrator selection that the parties agreed to fails for whatever reason, and where a previously-appointed arbitrator is rendered incapacitated or otherwise unfit to serve. In these circumstances, the Court becomes empowered to appoint one or more arbitrators as necessary. See Wyoming Stats. § 1-36-105 ("If the arbitration agreement provides a method of appointment of arbitrators this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator fails or is unable to act and his successor has not been appointed, the court on application of a party shall appoint one (1) or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.").

However, arbitration and other forms of ADR are encouraged. See Wyoming R. Prac. & P. 40(b)(2)(E) ("Other forms of Alternative Dispute Resolution. Nothing in this rule is intended to preclude the parties from agreeing to submit their dispute to other forms of alternative dispute resolution, including arbitration and summary jury trial.").		Anwi Gudivada
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NOTES
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IMPORTANT GENERAL NOTE: Except where indicated, the rules and statutes in the table above relate to general civil cases (i.e., contract and tort-based claims).
58
Child custody/divorce/family law , employment, foreclosures, landlord/tenant, workers' compensation and other types of specialized cases may be governed by
59
separate neutral compensation rules and statutes established specifically for these cases.
60
61
1) Useful website for comparing mediator qualifications: https://legalstudiesms.com/learning/court-certified-mediator-qualification-requirements/.
62
Thank you, Nelson E. Timken, Esq., for the reference.
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2) Another two useful websites/resources for comparing state ADR court programs: (i) https://www.aboutrsi.org/acrossus (Chicago-based Resolution Systems Institute); and
65
(ii) https://www.americanbar.org/content/dam/aba/events/dispute_resolution/Resources/state-mediation-program-directory.pdf
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(ABA 2021 Dispute Resolution Program State Directory (last updated Oct. 1, 2021))
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3) Why "free time" compensation systems are intrinsically problematic -
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Quick Answers: the principles of effort justification (A1) and Gresham's Law (A2), fairness/equity (B1 and B2), the potential for abuse (C1 and C2), and
minimization of diversity, especially where it comes to non-lawyer mediators and, on the other end of the ADR spectrum, AD2D Special Masters and
other appellate-level mediators (D). Link back to New York.
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(A1) PSYCHOLOGY: Kichaven, Jeff, International Risk Management Institute, Inc. (IRMI), "When It Comes to Mediators, You Get What You Pay For" (Dec. 11, 2006 (originally posted on the IRMI website in June 2004)) - https://mediate.com/when-it-comes-to-mediators-you-get-what-you-pay-for/
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(A2) ECONOMICS: Parselle, Charles B., Mediate.com, "Gresham's Law: The Mediation Paradox" (March 2005) -
https://www.mediate.com/articles/parselle3.cfm
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(B1) FAIRNESS: de Waal, Frans, TED Blog Video, "Two Monkeys Were Paid Unequally: Excerpt from Frans de Waal's TED Talk" (Apr. 4, 2013).
(one of Dan Weitz's "crowd favorites" at his neuroscience and ADR lectures) - https://www.youtube.com/watch?v=meiU6TxysCg&t=0s
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(B2) FAIRNESS IN MULTI-PARTY CASES: How in any case where there are more than four parties with diverse needs and interests can any mediator be
expected to fairly allocate all "free time" amongst the parties? Someone, as a matter of math, is going to be left holding the short end of the stick.
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(C1) POTENTIAL FOR MEDIATOR ABUSE: Pynchon, Victoria, "Success as a Mediator for Dummies" at 26 (2012) -
https://drive.google.com/file/d/1nkuwxLAHPB8ZRzyfBWcd_K2YasZoKFtn/view?usp=sharing
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(C2) A 2005 ANECDOTE OF MEDIATOR ABUSE: Phyllis G. Pollack, Southern California Mediation Association News,
"L.A. Courts Have Destroyed Intent of 'Pro Bono' Mediation" at 5 (Apr. - May 2005) - https://www.mediate.com/pdf/SCMANewsletter_june05%5B2%5D.pdf
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(D) MINIMIZATION OF DIVERSITY: Kichaven, Jeff, The Resolver, "Message from the Section Chair" (Spring 2015) -
https://drive.google.com/file/d/1Tbu0Jvr7v_tTOyEngsdeJN0QTmNeWG4s/view?usp=sharing
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4) The Current State of Presumptive ADR in New York - Kiernan, John S., International Institute for Conflict Prevention and Resolution (CPR) Alternatives
to the High Cost of Litigation, "New York Presumptive ADR Experience Reflects Internal Buy-In Aided by Legal Profession Support" (May 2021) -
https://drive.google.com/file/d/1gdSHULR_EoiKyMM7pJRgyxfBWdvJegey/view?usp=sharing - Thanks to Jeff Kichaven, Esq. for sharing this.
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5) Fair and reasonable neutral compensation is an integral component of the Center for Dispute Settlement's and the Institute of Judicial Administration's
88
National Standards for Court-Connected Mediation Programs (2002). See generally Section 13, entitled Funding of Programs and Compensation of Mediators.
89
Therein, a 1992 ABA Journal article from the late Harvard Law School Prof. Frank E.A. Sander is quoted as follows: "If ADR is to develop responsibly as a profession,
90
its practitioners need to be reasonably compensated . . . . [I]f mediation is to be widely used in large-scale commercial and public policy disputes[,] then we cannot
91
look solely to volunteers." F.E.A. Sander, Who Should Pay for Court-Connected ADR?, A.B.A J., Feb. 1992, at 105. Again, this was written over THIRTY YEARS AGO.......
92
93
6) On February 3, 2022, the Administrative Board of the Courts circulated, for public comment, the Statewide ADR Advisory Committee's proposed new Part 60 Rules of the Chief Judge, along with the proposed new Part 160 Rules of the Chief Administrative Judge, to establish general statewide rules for presumptive ADR in New York. A copy of the proposal can be downloaded here: https://drive.google.com/file/d/1CEht8ZcYTAA-HTnNmaXKAoZem3fye2CJ/view?usp=sharing.
94
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7) On April 4, 2022, NYCLA's ADR Committee sent a letter to the New York Unified Courts System's Office of Court Administration ("OCA") encouraging adoption of the Statewide ADR Advisory Committee's proposed new Part 60 Rules of the Chief Judge, along with the proposed new Part 160 Rules of the Chief Administrative Judge, to establish general statewide rules for presumptive ADR in New York. Foornote 2 of that letter addresses neutral compensation. A copy of the letter can be downloaded here: https://drive.google.com/file/d/12hNoo--JHybVypKzR5xUhk9AXX4bZpYQ/view?usp=sharing.
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