How Does the Lawyer Dispute Resolution Program Work?

Here's a brief overview on how a dispute proceeds through the Lawyer Dispute Resolution program:

• Either party submits a "Notice of Dispute and a Request for Mediation" to the LDR program administrator at the Bar.
  
  
• The administrator provides a list of five experienced mediators, from outside the parties' immediate geographic area (to avoid conflicts and for confidentiality purposes). The parties can, however, ask for a local mediator if they wish.
  
  
• The parties select a mediator within 48 hours of receiving the list; otherwise the administrator will select a mediator.
  
  
• The mediator makes contacts to get the process moving and attempts to negotiate a resolution within 30 days. Either party or the mediator can terminate the mediation at any time.
  
  
• If an agreement is reached, the mediator may assist the parties in putting it in writing, which will be binding upon both parties.
  
  
• If the mediation doesn't result in an agreement, the parties can move on to arbitration. The arbitrator is chosen by the same process described above, but cannot be the same person who mediated the dispute (unless the parties decide otherwise).
  
  
• The arbitrator schedules a hearing within 30 days of his or her assignment, or the parties can waive the hearing and submit written contentions and evidence.
  
  
• The arbitrator renders a written ruling, binding upon all parties, within five business days of the close of the hearing. The parties also can request an opinion, which would be issued in writing within 30 days of issuance of the ruling.

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