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 the following general questions:

What is the Mandatory Fee Arbitration Program?
Do I need an attorney to assist me?
How does the program work?
May I request mandatory fee arbitration if I want a refund of attorney's fees already paid?
If I believe that the attorney engaged in misconduct or malpractice, will fee arbitration be able to help me out?
Who will decide the fee arbitration?
What is the difference between binding and non-binding arbitration?
How do I request arbitration of a fee dispute?
Am I entitled to review the file maintained by the attorney?
What is my deadline for requesting fee arbitration?
Can my attorney require me to participate in mandatory fee arbitration?
When do I receive the arbitration decision?
What if I believe the attorney's conduct should be reported? 

BEFORE YOU FILE

CLIENT WORKSHOP I:  
INTRODUCTION TO THE FEE MEDIATION/ARBITRATION PROGRAM
Click here for workshop dates and times and for further information.
Attend in person or watch the Power Point presentation now. PDF format

please note: if you have received a "Notice of client's right to arbitration" from your attorney you must file your request for arbitration within the deadline defined on the notice.  you cannot put off filing your request for arbitration just to attend this workshop. 

AFTER YOU FILE

CLIENT WORKSHOP II:
PREPARING FOR YOUR FEE MEDIATION AND/OR ARBITRATION HEARING
Click here for workshop dates and times and for further information.
Attend in person or watch the Power Point presentation now. PDF format

please note:  you cannot put off your scheduled mediation or arbitration just to attend this workshop. be sure you can attend a workshop before the day of your hearing.  


  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) 

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
• 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

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

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.