§ Rule 4 Funding

Rule 4. Funding

   A. The Administrative Office of the Courts may receive and disburse federal funds for the purposes of the Act, and perform services and acts as may be necessary for the receipt and disbursement of such federal funds.

   B. To establish and maintain the Alternative Dispute Resolution System in the state, funds will be collected in every civil case in which costs are collected as provided by statute. In addition, each center shall collect a fee in a manner provided by statute from both the initiating and responding parties in a dispute to be mediated; however, if an affidavit in forma
pauperis is executed under oath by a party, said party's fee shall be waived. Personal checks, cashier checks or money orders shall be made payable to the program providing the mediation service.

   C. All court costs and fees collected under this rule, shall be paid on a monthly basis from the program account to the Director who shall deposit said funds in the Dispute Resolution System Revolving Fund.

   D. Fees waived due to the filing of an affidavit in forma pauperis shall be recorded by the court clerk as waived, and the number of cases for which costs are so waived is to be listed in the column provided on the monthly collection's report provided by the Director.

   E. The Dispute Resolution System Revolving Fund shall be established in the State Treasury to be budgeted and expended by the State Supreme Court by and through the Director according to methods and purposes outlined in the Act.

   F. When dispute mediation services are sought, the statutory fee shall be assessed by the local dispute mediation center.

   G. Except for the court costs and the fees provided for under this rule, dispute mediation services shall be provided without cost to participants by all the programs certified under the Act.

   H. Upon the approval of the Director, all funds in the Dispute Resolution System Revolving Fund shall be used for the costs of operations of approved programs. The methods of payment or reimbursement for dispute mediation costs shall be specified by the Administrative Office of the Courts and may vary. All such arrangements shall conform to the eligibility criteria of the Act and these rules and procedures.

   I. The funding from the Revolving Fund of the cost of any dispute mediation program approved by the Director may not exceed fifty percent (50%) of the approved projected cost of the program, except for programs in municipalities or counties where the population is 100,000 or less. In areas of less than 100,000 population, funding will be based on merit, and
consideration will be given to exceeding the 50% funding limit. The program may fund the total of its own expense from federal monies, grants, donations, endowments or other private or public funds.