Rule 17 Financial Accommodations for Indigent Parties
Rule Text
(a) Request for Financial Accommodation. An indigent party may request financial accommodation for mediation costs in accordance with the NMI Rules of Indigent Representation.
(1) The request must be filed no later than 5 business days after mediation is ordered.
(2) The court shall rule on the request without a hearing within 10 days.
(3) If a request is granted, the court shall refer the case to a mediator, stating that the party qualifies for financial accommodation.
(4) The indigency determination shall not automatically result in an obligation on any other party to bear the entirety of the mediation fees and costs.
(b) Disqualification from Financial Accommodation. No party qualifies for a financial accommodation if such party is represented by an attorney, unless such attorney is providing legal services pro bono or on behalf of a non-profit legal services provider.
(c) Mediation Fee Payment When a Party is Indigent. When a party is granted indigent status, one of the following shall occur:
(1) One or more of the parties other than those who have been granted indigent status may agree to pay for the indigent party’s share of the fees and costs of mediation, or
(2) The mediator may reduce the mediator’s fee and/or waive entitlement to receive the indigent party’s share of the fees and/or costs, or
(3) The parties and the mediator may enter into an agreement that alleviates the need for payment of mediation costs by the indigent party, or
(4) If no agreement can be reached pursuant to Rule 17(f)(1),
(2) or (3), the case shall be ordered, upon request, to a mandatory settlement conference conducted in accordance with Rule 16(e)(1)–(3).