Ark. ADR Comm'n Req. Conduct Mediation STANDARD 9

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.