![]() |
|
|
Mediation/Arbitration
of Disputes
Mediation is a process in which a neutral party or parties assists two or more individuals to reach a negotiated settlement of their dispute. If the parties are unable to reach an agreement, no further action is taken. Arbitration is a process in which a neutral third party listens to the statements of, and reviews the evidence of, each party to a dispute. After a thorough review and consideration, the arbitrator issues a resolution of the dispute. There is a mediation process available to Michigan lawyers and clients seeking to resolve any kind of attorney-client disputes. There is an arbitration process available to resolve attorney-client fee disputes. The State Bar of Michigan offers an informal, voluntary fee dispute mediation pilot program to resolve issues between attorneys and clients or between attorneys. This program is not limited to fee disputes, but also handles other attorney-client disputes. A panel of one to three individuals who volunteer their time (the number of individuals is by agreement of the parties) will mediate a fee dispute upon request of both the attorney and the client. Either party may choose that one of the three mediators be a non-lawyer. All parties must consent to utilizing this program. The resulting agreement is non-binding. To request a mediation, contact Dawn Evans at the State Bar of Michigan at (800) 968-1442. The Attorney Grievance Commission offers a binding fee dispute arbitration program. It is not necessary to file a formal grievance against a lawyer to utilize the arbitration program. Upon written agreement between the attorney and the client, the Attorney Grievance Commission will appoint an impartial attorney to arbitrate the fee dispute. The arbitration is limited to fee disputes – no other issues are arbitrated. The process is free of charge to the participants. If necessary, the award can be entered with a court of competent jurisdiction and then enforced as a judgment according to Michigan law. To request the arbitration of a fee dispute, contact the Attorney Grievance Commission at (313) 961-6585.
|