New York Consent To Resolve Fee Dispute By Arbitration
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FAQ
When can you use arbitration? Arbitration is used to resolve a range of disputes in both the public, private and commercial sectors. Disputes relating to money, property, family arrangements, damages and contractual breaches are often referred to arbitration.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
The research results demonstrate that in the forced choice scenario of final offer arbitration, neutrals are typically more likely to select the union's offer than the employer's offer, with employers winning about 40% of the cases submitted to arbitration.
Section 137.2 General. (a) In the event of a fee dispute between attorney and client, whether or not the attorney already has received some or all of the fee in dispute, the client may seek to resolve the dispute by arbitration under this Part.
Arbitration is a way for people to finally resolve disputes quickly, fairly, confidentially, and out of court. Parties agree to be bound by the decision of one or more independent and impartial arbitrators, usually chosen by the parties.
The New York State court system has established a Statewide Fee Dispute Resolution Program (FDRP) to resolve attorney-client disputes over legal fees through arbitration (and in some cases mediation). The FDRP is established by Part 137 of the Rules of the Chief Administrator of the Courts.
In entering into an arbitration agreement, the parties agree to refer their dispute to a neutral tribunal to decide their rights and obligations. Although sometimes described as a form of alternative dispute resolution, arbitration is not the same as mediation or conciliation.
Mediation is when a neutral third party aims to assist the parties in arriving at a mutually agreeable solution whereas arbitration is like litigation which is outside the court and which results in an award like an order.