February 2000
LAWYER SERVICES:
Recent Developments in the WSBA’s ADR Programs
By Chris Sutton
WSBA Lawyers’ Assistance Program
The Board of Governors recently authorized the creation of an Alternative Dispute Resolution (ADR) Standing Committee. Stew Cogan chairs the 23-member committee, which acts as a steering committee for the WSBA’s alternative dispute resolution programs (composed of the Fee Arbitration Program and the Mediation Program). The Committee will make recommendations to the Board of Governors on ADR policy issues, and publicize the Fee Arbitration and the Mediation Programs.
From January 1,1999 through September 30, 1999, 156 petitions for fee arbitration and 40 requests for mediation were filed. During this period, the percentage of fee arbitration hearings scheduled rose 22 percent from 1998. The percentage of fee arbitration petitions filed by attorneys was about seven percent. Non-lawyer professionals filed over 90 percent of the requests for mediation.
A discussion regarding the number of lawyers who participate in the WSBA’s ADR programs, the amounts in dispute, the desirability of detailed award decisions and consumer satisfaction resulted in the Committee’s decision to take the following two steps: the Committee will develop a tool to evaluate the programs’ effectiveness and participant satisfaction; secondly, a subcommittee was formed to assess the impact of possible changes in the current rules of procedure. Changes such as the establishment of a time frame for requesting arbitration or an appeal of an arbitration award and the establishment of a cap on the maximum amount that may be arbitrated are under consideration. The liability of arbitrators and mediators is an issue to be addressed in the future.
The consideration of procedural changes will not impact the service delivery of the WSBA’s ADR programs. The Fee Arbitration Program and the Mediation Program continue to be available to Bar membership and the public. The Fee Arbitration Program is voluntary and has only one purpose: to decide the fair and reasonable value of a lawyer’s legal services for a client. If both the lawyer and the client agree to arbitrate, the result is binding on the parties. The voluntary Mediation Program is an informal dispute resolution process that seeks to facilitate settlements of disputed matters through negotiation. Matters that may be mediated are limited to disputes between lawyer and lawyer, lawyer and other professional, and lawyer and client. The program is not intended to settle disputes between client and client.
The WSBA’s ADR programs provide effective, low-cost alternative means of resolving disputes. For further information call the WSBA at 206-733-5923 or 800-945-WSBA, ext. 5923.
The WSBA Lawyer Services Department offers these four programs:
The Lawyers’ Assistance Program (LAP) — 206-727-8268: Confidential assistance for lawyers with emotional, drug/alcohol or other personal problems.
The Law Office Management Assistance Program (LOMAP) — 206-727-8237:
Offers consultation and information to help solo and small-firm practitioners deliver legal services of the highest quality.
The Professional Responsibility/Ethics Program — 206-727-8219: Lawyers can call a WSBA lawyer for assistance in resolving ethical dilemmas.
The Alternative Dispute Resolution Program (ADR) — 206-733-5923: Offers two low-cost methods of resolving disputes: voluntary fee arbitration and mediation.
Please call our department at the phone numbers listed above for additional information and/or assistance in these areas.
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