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Mediation |
Fee Arbitration |
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Who may participate in WSBA programs |
A client and a lawyer, a lawyer and a lawyer, or a lawyer and others including professionals, with a fee dispute, communication problem, or other issue. |
A client and a lawyer with a dispute about the lawyer's fees for legal services. |
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What may be resolved |
Fee dispute, communication problem, or other issues. |
Only to determine the fair and reasonable value of the lawyer's legal services for the client. |
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Description |
Mediator assists parties in negotiations and facilitates settlement. |
Arbitrator(s) presides over case presentation at a hearing and issues a binding decision. |
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When appropriate |
When a prompt resolution is desired without an adversarial setting or parties have an on-going relationship. |
When confidentiality and a binding decision by an arbitrator are desired. |
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Type of proceeding |
Assisted negotiation which is confidential and flexible; process structured by the mediator, less formal setting than arbitration. |
Typically less formal than court proceedings but it is adversarial. Each party presents documents, states their case, responds to questions, and questions the other side and witnesses. |
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Are the programs confidential? |
Yes, as described in APR 16, the rule authorizing the Mediation Program. |
Typically less formal than court proceedings but it is adversarial. Yes, except that the prevailing party is entitled to enforce the award in Washington State Superior Court. |
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Role of the mediator or arbitrator |
Mediator facilitates communication, identifies issues, generates options and settlement, and proposes settlement. The mediator has no decision-making authority and can give legal information but not legal advice. |
Arbitrator(s) conducts arbitration hearing, renders binding decision. The arbitrator may administer oaths to the parties and witnesses and issue subpoenas (RCW 7.04.110). |
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How are the mediators and arbitrators selected? |
Mediators may be agreed upon by the parties or assigned from an approved list of lawyers and non-lawyers with the appropriate training and experience. |
For amounts in dispute of less than $10,000, 1 lawyer arbitrator is assigned. If $10,000 or greater, 1 lawyer and 2 non-lawyers are assigned. Both lawyers and non-lawyers are approved by the BOG and have appropriate training and experience. |
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How long does it take? |
After agreement of both parties, mediator should contact the parties within two weeks to schedule mediation. |
After agreement of both parties, arbitrator should schedule hearing within 30 to 60 days of assignment. |
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What does it cost? |
$75 per participant. |
$75 per participant for amounts in dispute less than $10,000. $125 per participant if the disputed amount is $10,000 or more. Neither party may seek fees for participating in arbitration. |
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Result |
A structured discussion of the dispute and a mutually agreed upon outcome. |
A binding decision rendered by arbitrator(s). No right of appeal unless procedural rules have been violated and request for appeal made within 30 days of the decision's mailing. |
