(a) Disputes not subject to arbitration.These rules do not apply to the following:
(a)(1) disputes inwhich the client seeks relief against a lawyer based upon alleged malpractice.The arbitration panel may consider evidence relating to claims of malpracticeand professional misconduct, but only to the extent that those claims bear uponthe fees, costs, or both, to which the lawyer claims he is entitled. The panelmay not award affirmative relief in the form of damages for injuries underlyingany such claim;
(a)(2) disputes in which entitlement to, andthe amount of the fees and/or costs charged or paid to a lawyer by the clientor on the client's behalf, have been determined by court order;
(a)(3) disputes in which the request forarbitration or mediation is filed more than four years after the lawyer/clientrelationship has been terminated, or more than four years after the finalbilling has been received by the client, or the civil action concerning thedisputed amount is barred by the statute of limitations, whichever is later;and
(a)(4) at thediscretion of the executive director or the chair, disputes which are deemed tobe administratively burdensome due to either the complexity, the nature ornumber of the factual and/or legal issues involved or the amount incontroversy.
(b) Mediation to be considered. In thosecases where all necessary parties refuse to be bound by arbitration, the chairor his designee will advise the petitioner and the respondent of the option ofentering into non-binding mediation. Mediation must be agreed upon by thepetitioner, respondent and third parties responsible for payment, if any.