Rule 3.859. Compensation and gifts

(a) Compliance with law A mediator must comply with any applicable requirements concerning compensation established by statute or the court.

(b) Disclosure of and compliance with compensation terms Before commencing the mediation, the mediator must disclose to the parties in writing any fees, costs, or charges to be paid to the mediator by the parties. A mediator must abide by any agreement that is reached concerning compensation.

(c) Contingent fees The amount or nature of a mediator’s fee must not be made contingent on the outcome of the mediation.

(d) Gifts and favors A mediator must not at any time solicit or accept from or give to any participant or affiliate of a participant any gift, bequest, or favor that might reasonably raise a question concerning the mediator’s impartiality.

Committee Notes

(Subd (c) amended effective January 1, 2007.)