Unless your client has agreed, in writing, to arbitration under Business & Professions Code §6200-6206, arbitration of all disputes concerning fees, costs or both, under those sections is voluntary for a client and mandatory for an attorney if commenced by a client.

An attorney MUST prior to or at the time of service of summons in a lawsuit or prior to or at the commencement of any other proceeding under a contract that provides for an alternative to arbitration under the above codes serve upon the client a written “Notice of Client’s Right to Arbitration” using the format approved by the State Bar of California. The client has 30 days within which to contact the Bar Association to request arbitration. The completed form and appropriate filing fee must be returned to our office within the required time period or the client will have waived their right to arbitrate.

For a direct link to the State Bar of California Mandatory Fee Arbitration website click here.
 

To file for mediation/arbitration you will need to fill-out the "Request by Attorney for Arbitration of A Fee Dispute."

Request by Attorney for Arbitration of a Fee Dispute (Rich Text version: fill-in and print)

Request by Attorney For Arbitration of  a Fee Dispute ( Adobe Acrobat PDF version)

File this addendum with your request for arbitration if you are naming a non-client as the respondent in the fee arbitration and the client is not also 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 with your request the “Filing Fee Credit Card Form”.

If you indicate on your “Attorney’s Request to Arbitrate a Fee Dispute” 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"

If your client has agreed in writing to arbitration under the B&P codes as stated above be sure to enclose the necessary documentation.

Upon receipt the Program will serve your request on the client along with a "Client’s Consent to Arbitrate” form. The client has 30 days to sign and return the form to the Bar Association. A copy of the client'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.

• Rules Of Procedure for the Hearing of Fee Arbitration And Mediations by the Contra Costa County Bar Association

Additional Important Information

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 for Fee Arbitration” form asks if the filing party is willing to consent to mediation. If so, then sign and return the “Consent to Mediate” form WITH the completed request for arbitration form. When the request is processed by the CCCBA the opposing 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.