Workplace Section Announces Legal Representation Fund for
Section’s Advanced Practitioners

The ACR Workplace Section has established an innovative benefit exclusively for mediator and arbitrator Advanced Practitioners. The new benefit, effective November 1, 2006, is a Legal Representation Fund which provides financial reimbursement for certain “out of pocket” costs from legal representation. The benefit was approved by the Section Leadership Council earlier in 2006.

The objective of the benefit is to support the integrity of the profession and the public policy interests of ACR through limited financial support to AP members. Increasingly, workplace neutrals get caught up in legal contests that represent policy issues central to our profession. As examples:

For mediators, examples of eligible cost include responding to requests for subpoena of records, or responding to requests to testify in court (thus breaching confidentiality of mediation process)
For arbitrators, examples of eligible cost include challenges to arbitral immunity, or responding to subpoenas.

The reimbursement must relate to issues of compelling public policy concern to the ACR workplace section, as determined by a Fund Committee. The amount paid is capped per year. This is not insurance in any form.

General eligibility for reimbursement include a) a workplace AP member in good standing, b) the AP must have current malpractice insurance, c) the AP must incur expenses from a licensed attorney that are documented and must have already paid the expenses, and d) the expenses can arise from either workplace mediation or workplace arbitration services, but not other ADR professions (family, commercial, EPP, facilitation, etc). Individual payments to eligible members may not exceed $500 per request and per year.

Over time, additional funding will be raised for the potential to pay for potential drafting of amicus briefs, with Board approval. The Fund Committee will also solicit a national list of attorneys willing to represent members concerning public policy issues

For a description of the LRF benefit and application procedure, please visit ACR’s website at www.ACRnet.org, and then visit the workplace section webpage.

For more information concerning ACR’s Advanced Practitioner membership and the Employment mediator or Labor and Employment Arbitrator designation, please go to the ACR website.

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