If all efforts at resolving a fee arbitration with your lawyer fail, you have another option. It is easier than going to court. This procedure is called fee arbitration. In some states in the US, it is mandatory to go for a fee arbitration before filing a lawsuit.

Bar asspciations have fee dispute arbitration programs to resolve these issues. There are two types of arbitrations:

•  -  Binding: It means you and your lawyer will have to accept the arbitrator’s decision. You cannot file a lawsuit after this decision is made.

•  -  Non-Binding: You are not bound by the arbitrator’s decision. If you are unhappy, you can file a lawsuit.

An arbitrator will look at various facts in deciding your case. These may be:

•  -  The lawyer’s experience

•  -  How much time your lawyer spent on the case

•  -  How much time a lawyer with sufficient skills would have soent on the case

•  -  Other circumstances that made your lawyer spend more time on the case.

You will also be required to furnish documentary evidence in the form of:

•  -  Your fee agreements with your lawyer

•  -  Your bills

•  -  Proof of payments made by you to your lawter

•  -  All files and documents relating to your case

At the arbitration hearing, your lawyer will ask questions from you. You will also be allowed to question him. After the hearings are over, the arbitrator issues a written decision called an award. Based on this decision, you will either accept the award, or pursue other options.