How Does Mediation/Arbitration of Disputes Among Attorneys Work?
Below are the typical steps in the legal fee arbitration process.
- File a petition with the Kentucky Bar Association
- Reviewed by the Vice President of the Board of Governors of the Kentucky Bar Association to determine whether the Jurisdiction will be accepted. The decision of the Vice President regarding jurisdiction is final.
- If mediation is selected, and all parties agree to submit to it, one practicing attorney shall be appointed mediator.
- If arbitration is selected, and all parties agree, the amount in controversy determines the composition of the panel.
- Controversy of less than $2,500 -- one practicing attorney
- Controversy of more than $2,500 -- three practicing attorneys
- The Panel holds a hearing during which both parties may provide testimony and witnesses
- An award is rendered within 30 days, and is enforceable under KRS 417.180
- All records, documents, and files associated with proceedings under SCR 3.815, including the award, are confidential. By submitting to the proceedings, the parties agree to such confidentiality.
- By agreeing to proceedings under SCR 3.815, the parties agree to indemnify and to hold harmless the hearing officer, arbitrator, mediator or presiding officer of any panel concerning any action arising out of the proceedings and for all their conduct.
How Much Does it Cost?
No charge or fee is required of any party requesting or making use of the fee arbitration services provided by the Bar Association. The members of the Panel are not compensated for their time.
Contact the Office of Bar Counsel Consumer Assistance Program
502.564.3795 ext. 297