New York Consent To Submit Fee Dispute To Arbitration and Waive Right To Trial De Novo is a legal agreement that allows a party to submit a fee dispute to arbitration and waive their right to a trial de Nova. This agreement applies to all types of fee disputes, including those involving attorneys, accountants, real estate agents, brokers, and other professionals. This agreement is used to resolve disputes without having to go to court and is seen as a faster and more cost-effective way to settle a dispute. Generally, the parties involved must agree to use arbitration and both agree to waive their right to a trial de Nova in order to enter into this agreement. There are two types of New York Consent To Submit Fee Dispute To Arbitration And Waive Right To Trial De Novo: binding and non-binding. Binding arbitration requires that the parties involved must abide by the decision of the arbitrator, while non-binding arbitration gives the parties the option to reject the decision of the arbitrator and proceed to a trial de Nova.
New York Consent To Submit Fee Dispute To Arbitration And Waive Right To Trial De Novo
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FAQ
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.
Tit. 22 § 137.0 - Scope of program. This Part establishes the New York State Fee Dispute Resolution Program, which provides for the informal and expeditious resolution of fee disputes between attorneys and clients through arbitration and mediation.
Example 2: Binding Arbitration: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration. The arbitration shall be conducted by Arbitration Resolution Services, Inc. (ARS) and the parties shall be bound by any and all rules of ARS and any award/decision rendered.
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.
The Fee Arbitration Program is an informal, free service provided by The Florida Bar to resolve fee disputes between attorneys and clients and between attorneys. The arbitration process may be initiated by either the client or the attorney and may be used instead of a lawsuit to settle a fee dispute.