COMPENSATION OF MEDIATORS

U.S. District Court for the Western District of Tennessee

Rule Set: Local Rules of the U.S. District Court for the Western District of Tennessee

Rule: 5.3

Jurisdiction: WDTN

Bluebook Citation: W.D. Tenn. L.R. 5.3

All Rules: W.D. Tenn. Local Rules, complete index


Text

(a) Mediators selected from the Court’s panel shall receive $250/hour for the first two hours of the initial mediation session and up to two hours of preparation. Thereafter, such mediators can charge the hourly rate agreed upon by the parties. Private Mediators selected pursuant to 5.4(b) are not subject to these compensation rates. 8 (b) Mediators may require that counsel and/or parties sign an agreement confirming the terms of retention and compensation.

(c) Mediator fees shall be divided equally among all separately represented parties, unless otherwise agreed or ordered by the Court. (d) (e) At the scheduling conference, a party who has been granted in forma pauperis status may apply to the court to be relieved of his or her obligation to pay a pro rata share of the Mediator’s fee, in whole or in part. While all other parties shall continue to bear their pro rata portions of the fee, the court shall enter an order following the scheduling conference addressing whether the in forma pauperis party is relieved of their obligation in whole or in part and, if necessary, the source of payment for that portion. When an IFP party has been relieved of his or her obligation to pay a pro rata share of the Mediator’s Fee, the entire compensation of the Mediator shall be governed by Section 9 of the Pro Se IFP Plan, which “caps” the Mediator’s Fees at $1,000 based on 4 hours at $250 per hour.

A party who has not sought in forma pauperis status, but is financially unable to pay all or part of the pro rata share of the Mediator’s fee, may move for a waiver of the fee requirement on a form provided by the Court. When a non-IFP party has been granted a waiver of his or her obligation to pay a pro rata share of the Mediator’s Fee, the entire compensation of the Mediator shall be governed by Section 9 of the Pro Se IFP Plan, which “caps” the Mediator’s Fees at $1,000 based on 4 hours at $250 per hour. (f) All Mediation Panel members must accept at least one pro bono case or one reduced compensation case per year if assigned. Additional pro bono service is encouraged.

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