Rule 18 Failure to Comply with Financial Requirements
Rule Text
(a) Mediation May Proceed Without Full Payment. A mediator may proceed with a mediation in a matter in which any of the parties has failed to provide the full amount of deposit, compensation, or other payment to the mediator.
(b) When Plaintiff Fails to Pay. When a mediation does not take place before the mediation completion date due to a plaintiff’s failure to pay the full amount of deposit, compensation, or other payment to the mediator, the court shall either:
(1) dismiss or stay the plaintiff’s action if the court finds the plaintiff was capable of making payment or the plaintiff’s failure was otherwise unreasonable, or
(2) order the action, or a portion thereof, to proceed with a mandatory settlement conference in accordance with Rule 16(e)(1)–(3) if the court finds the plaintiff’s failure to provide such payment was reasonable and the plaintiff was incapable of providing payment.
(c) When Defendant Fails to Pay. When mediation does not take place before the mediation completion date due to a defendant’s failure to pay the full amount of deposit, compensation, or other payment to the mediator, the court shall either:
(1) strike the defendant’s answer to the complaint if the court finds the defendant was capable of making payment or the defendant’s failure was otherwise unreasonable; or
(2) order for the case, or a portion thereof, to proceed with a mandatory settlement conference in accordance with Rule 16(e)(1)–(3) if the court finds the defendant’s failure to pay was reasonable and the defendant was incapable of providing payment.
(d) Alternative Order. Nothing in this title shall preclude the court from issuing an alternative order that provides for payment of the entire requisite amount of deposit, compensation, or other payment to the mediator, facilitates the completion of mediation, is fair to the parties, and accomplishes the purposes of these Rules.
(e) Stipulated Fee Agreement. Nothing in these Rules shall preclude the parties from entering into a stipulation that provides for the payment of any portion of the deposit, compensation, or other payment to the mediator in any manner.