As amended through November 4, 2024
Section 9 - Fees and Expenses(a) General Requirements. A Neutral occupies a position of trust with respect to the parties and the courts. In charging for services and expenses, the Neutral must be governed by the same high standards of honor and integrity that apply to all other phases of the Neutral's work. A Neutral must endeavor to keep total charges for services and expenses reasonable and consistent with the nature of the case. If fees are charged, a Neutral shall give a written explanation of the fees and related costs, including time and manner of payment, to the parties prior to the ADR proceeding. The explanation shall include: (1) the basis for and amount of charges, if any, for:(A) sessions held in the ADR Proceeding;(B) preparation for sessions;(D) postponement or cancellation of ADR sessions by the parties and the circumstances under which such charges will normally be assessed or waived;(E) preparation of any written settlement agreement;(F) all other items billed by the Neutral; and(2) the parties' pro rata share of fees and costs for the ADR Proceeding if previously determined by the Court or agreed to by the parties.(b) Records. A Neutral 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 or received by a Neutral for referral of clients for an ADR Proceeding or related services.(d) Contingent Fees. A Neutral shall not charge a contingent fee or base a fee in any manner on the outcome of the process.(e) Principles. A Neutral should be guided by the following general principles: (1) Time charges for a session held in an ADR Proceeding should not be in excess of actual time spent or allocated for the session.(2) Time charges for preparation should be not in excess of actual time spent.(3) Charges for expenses should be for expenses normally incurred and reimbursable in dispute resolution cases and should not exceed actual expenses.(4) When time or expenses involve two or more sets of parties on the same day or trip, such time and expense charges should be prorated appropriately.(5) A Neutral may specify in advance a minimum charge for a session to be held in an ADR Proceeding without violating this rule.(6) When a Neutral is contacted directly by the parties for dispute resolution services, the Neutral has a professional responsibility to respond to questions regarding fees by providing a copy of the basis for charges for fees and expenses.