If both the client and attorney agree to arbitrate, an investigator may offer to informally meet with the parties in an attempt to resolve the dispute by agreement. If agreement cannot be reached, the dispute will proceed to arbitration, and the investigator will assist the parties in providing relevant documents and information to the arbitration panel. The Committee Chair selects a panel of three arbitrators from the Committee Membership. The investigator appointed is generally one of the arbitrators. A hearing is held with the parties involved.
Arbitration awards are final and enforceable.
As arbitration is a voluntary process, the Committee can proceed no further with the arbitration if either party refuses to participate. The complaining party may then choose to seek other legal actions. A. A fee dispute may be filed at any time before a judge makes a decision on the matter. If you are asked to appear in court before your fee dispute has finished, you may advise the judge that you have filed a fee dispute with the DuPage County Bar Association and ask the judge to delay the matter until it has been arbitrated. However, if the judge does not grant your request and makes a decision, the Fee Dispute Committee cannot proceed with arbitration.