Find a Certified Lawyer Referral Service Check Attorney Profile
Both arbitration and mediation involve a neutral third party. In arbitration, the arbitrator hears evidence and arguments, and then issues a decision that may be binding or nonbinding. In mediation, the mediator helps the parties reach their own voluntary agreement.
No. Both sides must agree to mediation. The State Bar will notify the opposing party if mediation is requested.
If you received a Notice of Client’s Right to Fee Arbitration form from the attorney, you have 30 days from the date you received it to submit your arbitration request form to the program. You must also submit your arbitration request if you first wish to mediate the fee dispute.
If you do not file the request form within 30 days of receiving the notice, you will lose your right to arbitrate your fee dispute. A telephone call or letter to the program requesting arbitration will not protect that right. You must be sure that the request form is complete and submitted with any required filing fee.
If the attorney has already filed a lawsuit against you for unpaid fees, you may elect either to respond to the lawsuit or request fee arbitration. If you file a response to the lawsuit, you will lose your right to arbitrate the fee dispute. If you request arbitration, the lawsuit will be stayed, but you should file the appropriate notice of automatic stay with the court. To preserve your right to arbitrate, you should file a request for arbitration promptly.
Your request for mediation is part of the State Bar request for arbitration, so it will follow the same timelines listed above.
No. The mediator will not decide any issues related to attorney misconduct and/or malpractice and has no authority to make any determinations regarding the attorney’s conduct or to discipline attorneys for professional misconduct.
If you wish to file a disciplinary complaint with the State Bar of California about your attorney’s conduct, you may do so online. Please keep in mind that a discipline complaint and a request to arbitrate and mediate a fee dispute are separate matters. Filing a complaint may result in disciplinary action against the attorney; however, the result may or may not require the attorney to refund fees.
To help you decide whether to file a complaint, visit the Want to File a Complaint webpage.
If you think you have a separate claim for legal malpractice, you should seek legal counsel.
If you are seeking a refund of attorney’s fees that you have already paid, you may request fee mediation as a preliminary option along with arbitration as long as you are still within the legal time limit for filing a lawsuit about the fee dispute. To preserve your right to arbitrate, and to potentially mediate a fee dispute, you should file a request for arbitration promptly.
For disputes filed with the State Bar, simply check the box agreeing to mediate on the request for fee arbitration form. Some local bar associations offer fee mediation in addition to fee arbitration. Find local fee arbitration programs.
Yes. Mediation is voluntary and either side can decline to mediate. All parties must agree for a mediation to go forward.
Mediations will take place by videoconference. Usually, the parties are in separate areas to start but may be brought together later in the process. The mediator will typically meet separately with one party, and then the other, to understand their perspectives and to identify areas of potential agreement. This “shuttle diplomacy” will take place until an agreement is reached, or until it is clear to the mediator that it is not possible for the parties to reach an agreement. If an agreement is reached, it will be memorialized in a writing called a settlement agreement.
You may be represented by an attorney, but it is not required. You can arrange for an interpreter to attend the mediation with you.
The mediation is confidential. This means that nothing said in a mediation can be used as evidence in any later proceeding by any party at the mediation.
The decision to agree to mediate is entirely up to you, but the attorney will also have to agree in order for the mediation to occur.
If the dispute is eligible to be filed with the State Bar for fee arbitration, you will have the option of agreeing to mediation as part of the request for arbitration. Some local bars also offer fee mediation, but most local programs only offer fee arbitration.
When you complete the Request for Arbitration with the State Bar, you will be asked to indicate whether you are interested in mediating the fee dispute. Once your request is accepted, including receipt of payment of the applicable fee arbitration filing fee, the State Bar will serve your request to the opposing party. As part of the opposing party’s written reply to the request, they will indicate whether they agree to mediate the fee dispute prior to arbitration.
If both parties agree to mediation, a mediator will be assigned to help you and attorney try to reach a settlement of your dispute, and you will receive further instructions at that time.
No, the State Bar is covering all transaction fees.
To be considered for participation, please complete the DEI Leadership Seal Application form and provide the required supporting documentation.
Unfortunately, currently, the program is not well-suited for or targeted to solo practitioners because the Action Items focus on improving diversity, equity, and inclusion among attorneys and staff of multiple people. The State Bar will consider opportunities for solo practitioners to engage in its DEI work in other ways and encourages feedback on how best to do so.
Committed participating employers that applied and were approved in 2024 must implement at least 5 of the 10 Action Items by September 23, 2025. Please use the DEI Leadership Seal Tier Advancement Application to submit this material by the September 23 deadline.
No, not at this time unless specifically requested. The State Bar is in the process of acknowledging receipts of OSAAC Certificates. Also keep in mind that many arbitrators and/or arbitral panels accept the listing of the State Bar's name, address, and declaration of payment on a proof of service as sufficient proof that the State Bar has been served.
The following activities count only for self-study credit:
JNE was a pilot program in 1979. It was established pursuant to Government Code section 12011.5, effective January 1, 1980. Prior to creation of the commission, the Board of Trustees evaluated candidates.
Special Masters are volunteer attorneys who accompany peace officers in searches for documentary evidence in the possession of or under the control of attorneys, physicians, psychotherapists and clergy.
The arbitrator makes a decision based on any documents and testimony presented. The arbitrator's decision will be based on a number of factors. These include, among other things:
• How difficult the case was, and the skill needed by the lawyer to handle it.
• Whether the lawyer was prevented from taking other cases because they were hired by you.
• How much the case was worth and what the final results were.
• Any circumstances or time limitations that may have required that the lawyer spend additional hours.
• The lawyer's experience and ability.
• The time the lawyer spent on the case.
• Whether you understood and agreed to the fee arrangement.
You should not communicate with the arbitrator before or after the hearing, except on procedural issues such as scheduling the hearing and issuing subpoenas. Never discuss the merits of your case with the arbitrator outside of the hearing. You will be given a chance to explain your side of the story at the hearing while the lawyer is present so that the lawyer may respond to each issue you raise.
If you have to communicate in writing with the arbitrator, you must send copies of all letters and any attachments to the attorney whose fees you are disputing.
After all the evidence has been presented, you and the lawyer are permitted to summarize your case. Comments during your summary should focus on why the lawyer's fees may be reasonable or unreasonable under the circumstances of your particular case. They should address only the evidence presented.
At all times during the hearing, both sides should avoid making personal attacks, making references to anything outside the lawyer-client relationship, or discussing matters based only on speculation or assumption.
A lawyer must report another lawyer if the lawyer knows of credible evidence that the lawyer committed a criminal act or engaged in conduct involving dishonesty, fraud, deceit, or reckless or intentional misrepresentation or misappropriation of funds or property that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects.
False and malicious reports or complaints can result in criminal penalties or disciplinary action. (See Bus. & Prof. Code, § 6043.5.) Additionally, a false complaint to a judge, judicial officer, or tribunal may result in discipline. (See rule 3.3(a); Bus. & Prof. Code, § 6068, subd. (d).)
Similarly, if you threaten to file a complaint with the State Bar to obtain an advantage in a civil dispute, you may be subject to disciplinary action by the State Bar. (See rule 3.10.)
Need additional help? Visit our Contact Us page for additional resources.