§4109. Cost of mediation
A. The cost of mediation shall be agreed in writing by the parties and the mediator prior to commencement of mediation. If there is no agreement on such cost, the court shall rescind the appointment and the selection of a mediator shall commence anew.
B.(1) Unless otherwise ordered by the court in its referral order or unless the parties agree to some other allocation of cost:
(a) The cost of mediation shall be taxed as costs of court, to be shared equally by the parties.
(b) If the case is not settled by mediation, the costs of mediation shall be taxed as costs of court upon rendition of a final judgment.
(2) No later than the conclusion of the mediation, whether or not successful, the parties shall pay the cost of mediation, unless the parties and the mediator have agreed otherwise. The mediator may intervene in any pending civil case between the parties to the mediation to enforce payment of the cost of the mediation. An intervention to enforce payment of the cost of the mediation shall be disposed of as a summary proceeding.
C. Any court filings by the mediator appointed under this Chapter shall be accepted by the clerk of court without a filing fee.
Acts 1997, No. 1451, §1.
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