(a) Disputes not subjectto arbitration. These rules do not apply to the following:
(a)(1) disputes in which the client seeks relief against alicensed paralegal practitioner based upon alleged malpractice. The arbitrationpanel may consider evidence relating to claims of malpractice and professionalmisconduct, but only to the extent that those claims bear upon the fees, costs,or both, to which the licensed paralegal practitioner claims he or she isentitled. The panel may not award affirmative relief in the form of damages forinjuries underlying any such claim;
(a)(2) disputes in whichentitlement to, and the amount of the fees and/or costs charged or paid to alicensed paralegal practitioner by the client or on the client's behalf, havebeen determined by court order;
(a)(3) disputes in whichthe request for arbitration or mediation is filed more than four years afterthe licensed paralegal practitioner/client relationship has been terminated, ormore than four years after the final billing has been received by the client,or the civil action concerning the disputed amount is barred by the statute oflimitations, whichever is later; and
(a)(4) at the discretion of the executive director or thechair, disputes which are deemed to be administratively burdensome due toeither the complexity, the nature or number of the factual and/or legal issuesinvolved or the amount in controversy.
(b) Mediation to beconsidered. In those cases where all necessary parties refuse to be bound by arbitration,the chair or his designee will advise the petitioner and the respondent of theoption of entering into non-binding mediation. Mediation must be agreed upon bythe petitioner, respondent and third parties responsible for payment, if any.