Eligibility
The Fee Arbitration Program is appropriate for the following disputes:
- When both parties to an arbitration consent or agree to participate;
- When the attorney was retained through the Lawyer Referral Information Service (LRIS) program;
- When a representation agreement entered into by the parties requires fee arbitration;
- When fee arbitration is a condition for a diversion agreement with the Office of Lawyer Regulation.
The following disputes may not be eligible for fee arbitration:
- The lawyer was not licensed to practice law in Wisconsin;
- The case involved services performed outside of Wisconsin;
- There was no lawyer/client relationship;
- The fees were set by law, statute, or court order such as guardian ad litem fees or judgments for attorney fees;
- The applicant's claim is not a dispute over legal fees for services provided.
If you are unsure if your case is eligible, please contact
feearb@wisbar.org.
Application:
A completed application must be submitted by both parties to an arbitration. A request for arbitration will not be processed until a completed application and payment of the program fees has been received.
Fee Arbitration Application
The nonrefundable administrative fee that must be paid by each party is as follows:
| Amount in Dispute | Fee Paid by Each Party |
|---|
| Under $5,000 | $35 |
| $5,001 to $20,000 | $70 |
| Over $20,000 | $150
|
Because the application fee is nonrefundable, we recommend that you talk to the other side before filing your application to find out whether they are willing to agree to arbitration. This fee does not cover expenses that you may incur in the arbitration process, costs for collection actions, other litigation, or appeals after an arbitration decision. Our arbitrators are volunteers and do not charge you for their time.
Fee Arbitration Program Process:
- After a complete application has been accepted by the Program, both parties will be placed in line to be assigned to a volunteer arbitration panel.
- Once a panel has accepted the case, the parties will be notified by the panel directly to schedule the arbitration hearing. Hearings are typically scheduled within 90 days of being assigned to a panel, depending upon the schedules of both parties and the arbitrators.
- At the arbitration hearing, the arbitration panel typically issues a written decision within 30 days of the hearing. A copy of the decision will be sent to both parties by mail and email.
The program's Rules and Procedures for Fee Arbitration are available to both the lawyer and the client, and provide additional information regarding this process. Both parties should carefully review these rules before requesting or agreeing to arbitration, and again before any arbitration hearing occurs.
Fee Arbitration Rule and Procedures
For questions or to submit an application, please contact
feearb@wisbar.org.
