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Arbitration & Mediation

Resolve Your Attorney Fee Dispute

The Fee Arbitration Program provides clients and attorneys with a simple method to resolve fee disputes without going to court.

How to File for Fee Arbitration

 

  1. DOWNLOAD THE FORM. Download the Request for Arbitration and Mediation form here, along with the Rules of Procedures to your computer, or call (669)-204-3100 between the hours of 9 a.m. to 12 Noon or email maryg@sccba.com to have the forms sent to you by mail. It usually takes several business days to get the forms to you.
  2. COMPLETE THE FORM. You may type or fill in the form by hand. Include a description of the dispute, along with copies (not originals) of documents that help explain the dispute (fee agreement, invoices, etc.).  Be specific; highlight anything that illustrates your point.  If you do not have documents, be prepared to explain the situation concisely and specifically. Incomplete forms will be returned.
  3. SIGN THE FORM. The Request for Arbitration and Mediation form must be signed by the client. The client’s family members or friends cannot request arbitration; only the client has that right.  If a request is sent in without the client’s signature, the Fee Arbitration Specialist will mail it back to you.
  4. INCLUDE THE FILING FEE WITH THE FORM. Your Request for Arbitration and Mediation is not complete and will not be processed without the filing fee. If a request is sent in without the filing fee, the Fee Arbitration Specialist will mail it back to you.
  5. IF YOU HAVE RECEIVED A NOTICE OF CLIENT’S RIGHT TO ARBITRATE FROM THE ATTORNEY, you have exactly 30 DAYS to complete and return the Request for Arbitration and Mediation form. Thirty days includes holidays and weekends. If you did not receive such a notice, please contact your attorney and request that they send it to you.

Mail the Form with the filing fee to:

ATTN: Fee Arbitration

Santa Clara County Bar Association

PO Box 26457

San Jose, CA 95159

 

You must have the Request for Arbitration filed with the Bar offices by the 30th day; having it postmarked on the 30th day is NOT enough.

Please be very careful; there are no extensions or exceptions.

For more information, contact the Fee Arbitration Specialist at (669)-204-3100, between the hours of 9 a.m. to 12 Noon or email at maryg@sccba.com.

For the Client

Clients can use this program with or without the assistance of an attorney.

Client's Right to Arbitrate
Before or at the time of filing a suit or any other proceeding (including arbitration in another forum) against you, the client, for the recovery of fees or costs or both, the attorney must serve you with a "Notice of Client's Right" to Arbitrate. If your attorney does not serve you with the Notice, it is grounds to dismiss the action. If the attorney serves you with a notice that does not substantially comply with the Notice approved by the State Bar, that is also grounds to dismiss the action. Download the Notice of Client's Right to Arbitrate.

Client's Waiver of Right to Arbitrate
Assuming you received the proper Notice, you waive (give up) your right to arbitration if you either file an answer to the suit or other proceeding, or by not requesting arbitration within 30 days from the date that you received the Notice of Client's Right to arbitrate.

Notice of a Client's right to Arbitrate
Fee Arb Client Workshop - In Progress
FAQ's

For the Attorney

If you are an attorney seeking to use the Fee Arbitration Program to resolve a fee dispute with a client, please see the information below and review the Notice of the Client's Right to Fee Arbitration. For additional information on filing a fee arbitration or how the program works, click below.

Mandatory Participation
California Business and Professions Code sections 6200 to 6206 govern fee arbitration. Section 6200 provides that when a client requests fee arbitration, the attorney is required to participate. As of January 1997, an attorney can compel a client to arbitrate if the fee agreement includes an arbitration clause.

Browse Rules of Procedure
Browse Code Provisions for Arbitration
Sample Fee Agreements

Become a Fee Arbitrator

The Fee Arbitration Program is always in need of arbitrators.

You need not be a lawyer to be an arbitrator. Lay arbitrators are required on arbitration panels to settle disputes in excess of $10,000.  Find out more information on becoming a Fee Arbitrator or Mediator.