How Does Mediation/Arbitration of Disputes Among Attorneys Work?
Below are the typical steps in the arbitration process.
- Either party files a petition with the Kentucky Bar Association
- The Petition is reviewed by the Vice President of the KBA Board of Governors to determine whether jurisdiction will be accepted. The Vice President's decision regarding jurisdiction is final.
- This process is voluntary, meaning both parties must agree to participate.
- Controversy of less than $2,500 -- one practicing attorney.
- Controversy of more than $2,500 -- three practicing attorneys.
- If the mediation is successful, the agreement shall be reduced to writing and will be enforceable and have the same force and effect as a judgment.
- If the parties pursue arbitration, an award is rendered within 15 days after the hearing, and is enforceable under KRS 417.180.
- All records, documents, and files associated with proceedings under SCR 3.815, including the award, are confidential. By submitting to the proceedings, the parties agree to such confidentiality.
- By agreeing to proceedings under SCR 3.815, the parties agree to indemnify and to hold harmless the hearing officer, arbitrator, mediator or presiding officer of any panel concerning any action arising out of the proceedings and for all their conduct.
How Much Does it Cost?
No charge or fee is required of any party requesting or making use of the fee arbitration services provided by the Bar Association. Neither the mediators nor the arbitrators are compensated for their time.
Questions?
Contact the Office of Bar Counsel
(502) 564-3795 ext. 723