(a)    Pro Bono Matters.   During each year of every two-year term, each Mediator shall undertake not less than two mediations where a party, whether represented by counsel or not, is permitted to participate without charge (“Pro Bono Matters”).  The Mediator shall have discretion to determine whether a particular party is entitled to participate in a Matter without charge because of their financial circumstances.  Other parties participating in a Pro Bono Matter who have the ability to pay the fee and who are not, in the discretion of the Mediator entitled to participate without charge, shall pay the fee described in subsection (b) below.  After rendering 6 hours of Program related services as provided in subsection (b) below, and subject to the consent of the parties, the Mediator may continue to provide additional services at the hourly rate described in subsection (b) below only if the party participating without charge agrees to pay an equal share of the additional fees or the Mediator agrees to continue the Mediation without charge to such pro bono party and the other parties sharing the Mediator's additional fees are not charged for the pro bono participant's share.  Each Mediation in which at least one party participates without charge shall count towards the satisfaction of the Mediator’s annual requirement to conduct not less than two Pro Bono Matters.

(b)          Other Matters and Fees for Mediator Services.  For all Matters other than Pro Bono Matters, Mediators are authorized to charge each party to the Mediation, whether or not represented by counsel, $500.  The flat fee will pay for up to 6 hours of Program related services rendered, exclusive of the Initial Conference, and with a minimum of 4 hours spent in the Mediation Conference.  For any services rendered in excess of the initial 6 hours, with the consent of the parties, a Mediator may charge the parties a rate not to exceed a total of $450 per hour for services rendered, to be split evenly among the parties, except as provided in subsection (a) above.

Committee Comment

See Washington Rules of Professional Conduct, Rule 1.5(f)(2) regarding flat fee arrangements.