Yesterday, I blogged on how mediators (and guardians) might collect fees for the time they spend as an attorney collecting the fees they earn as a mediator (or guardian): Collecting fees as the mediator or guardian. Today a colleague (who wishes to remain anonymous because he will soon be presenting this information in greatly expanded form as part of an online CLE for the South Carolina Bar) identified another way for mediators to be compensated for their time collecting their mediation fees.
He notes that South Carolina’s Alternative Dispute Resolution (ADR) Rules allow for such fees as a sanction. ADR Rule 9 sets the compensation of court-appointed and agreed-up mediators. ADR Rule 10(b), labeled “sanctions” reads:
If any person or entity subject to the ADR Rules violates any provision of the ADR Rules without good cause, the court may, on its own motion or motion by any party, impose upon that party, person or entity, any lawful sanctions, including, but not limited to, the payment of attorney’s fees, neutral’s fees, and expenses incurred by persons attending the conference; contempt; and any other sanction authorized by Rule 37(b), SCRCP.
He has successfully argued before at least one family court judge that ADR Rule 10 authorizes the award of fees as a sanction for violation of ADR Rule 9 regarding compensation. When his materials are available online I will note this and post a link to where they can be purchased and viewed.