WHAT CAN THE MANDATORY FEE ARBITRATION PROGRAM DO FOR ME?
This brochure prepared by the State Bar of California Office of Mandatory Fee Arbitration Program answers general questions about the program.

  STEP-BY-STEP FILING PROCEDURE:

To file for mediation/arbitration against an attorney whose office is located in CONTRA COSTA COUNTY you need to COMPLETELY fill-out the CCCBA "Request by Client for Mediation/Arbitration of a Fee Dispute."

Request by Client for Mediation/Arbitration of a Fee Dispute (Rich Text version: fill-in and print)
Request by Client for Mediation/Arbitration of a Fee Dispute  (PDF version)

 

BEFORE YOU FILE - CLIENT WORKSHOP I:  
INTRODUCTION TO THE FEE MEDIATION/ARBITRATION PROGRAM
Watch the Power Point presentation now. (PDF format)

File this addendum with your request for arbitration if you are a non-client filing for fee arbitration and the client is not already included on your request.

Addendum for Rule 2(b)

You must enclose a check for the appropriate filing fee, or you may charge the fee to your credit card by completing and returning the Filing Fee Credit Card Form with your request.

If you indicate on your form that you consent to mediation and/or agree to binding arbitration you must return the following signed forms along with your request:

Agreement to Mediate
Agreement for Binding Arbitration

Provide the necessary copies of all documents.  The Program will serve the attorney.  A copy of the attorney's response will be forwarded to you upon receipt.

Mediation is an alternative to arbitration and we encourage you to take advantage of it because it allows the parties control over the settlement. Please BE AWARE that any dispute not resolved through mediation will proceed to arbitration. So, fill out all the forms completely

In order to get a good understanding of the rules and the options available to you under the fee mediation/arbitration program, please read the following information carefully:

• Rules Of Procedure For The Hearing Of Fee Arbitrations/Mediations by the Contra Costa County Bar Association
• Rule of Procedure 4 Panels Addendum as of 12/9/09
• Business & Professions Code §6200-6206
• Notice of Stay of Proceedings  Judicial Council Form CMA-180 (Rev. 1/1/07) & Instructions
• Preparing for the Fee Arbitration Hearing — Guidelines for Parties in Mandatory Fee Arbitration Proceedings  (Power Point presentation)
• Preparing for Mediation — Guidelines for Parties
• AFTER YOU FILE - CLIENT WORKSHOP II:
  PREPARING FOR YOUR FEE MEDIATION AND/OR ARBITRATION HEARING
  Watch the Power Point presentation now. (PDF format)

REMEMBER, although the fee mediation/arbitration program is designed to be an informal forum for the resolution of fee disputes, it is still a legal proceeding and either party may be represented by an attorney at his or her own expense. The phone number for the local Lawyer Referral Service is (925) 825-5700.

Additional Important Information:

"Notice of Your Rights After Fee Arbitration"  This brochure explains the rights you may have upon completion of the arbitration.  It is served with the arbitration award.

The average time between filing a fee arbitration request and receipt of the award is four (4) months.   Although the rules and procedures have time guidelines, if a case is complex or if unexpected events occur that may need to be accommodated in order to insure a fair and impartial hearing this time will vary. 

Rule of Procedure 1(b) states in part that “Mediation is an alternative to arbitration under these rules. Any dispute not resolved through mediation will be assigned to a sole arbitrator or a hearing panel for arbitration under Rule 8.” This wording has led to some confusion about the fee mediation portion of our fee arbitration program. Hopefully this will clarify the situation.

Mediation is voluntary for all parties AND MAY BE initiated AT THE TIME a request is made to ARBITRATE a fee dispute. It is part and parcel of the fee arbitration process. It is not a separate entity.

The “Request” form asks if the filing party is willing to consent to mediation. If so, they sign and return the “Consent to Mediate” form WITH the completed request for arbitration form. When the request is processed by the CCCBA the other party is contacted to see if they also consent to mediation. If the answer is yes, then a mediator is assigned.

HOWEVER, if either party refuses to mediate, and LIKEWISE, if a mediator informs the CCCBA that a settlement was not reached at a consensual mediation the matter will proceed to arbitration.

If the parties settle their dispute at mediation, the file is closed. No arbitration is necessary.