The fee for arbitration, both binding and advisory, is due at the time a request for arbitration is made to the State Bar of Wisconsin or when a party consents to participate in the arbitration process. Advisory arbitration occurs when one of the parties does not agree to binding arbitration. In this instance, the fee will be refunded, unless the party who has asked for arbitration wants to have a hearing for an advisory decision. This fee does not cover expenses incurred by either party in connection with the arbitration process. Costs for collection actions, other litigation, or appeals after an arbitration decision is made are also the responsibility of the parties.
Many cases settle before a fee arbitration hearing takes place.
If the case does proceed to an arbitration hearing, it may take an average of four to six months from the date the application is received at the State Bar of Wisconsin until the date the written decision is received by the parties. Of course, some cases take less than this while more complicated ones may take longer. However, if the client does not agree to binding arbitration, the matter will be dismissed and a hearing will not be held. Lawyers are not required to participate. If they decide not to, however, a hearing may still be held and an advisory opinion may be issued by the arbitrator based on the material provided by the client.