N.Y. Comp. Codes R. & Regs. tit. 22 § 137.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 137.4 - Arbitral bodies

(a) A fee dispute resolution program recommended by the board of governors, and approved by the Presiding Justice of the Appellate Division in the judicial department where the program is established, shall be established and administered in each county or in a combination of counties. Each program shall be established and administered by a local bar association (the arbitral body) to the extent practicable. The New York State Bar Association, the Unified Court System through the District Administrative Judges, or such other entity as the board of governors may recommend also may be designated as an arbitral body in a fee dispute resolution program approved pursuant to this Part.

(b) Each arbitral body shall:

(1) establish written instructions and procedures for administering the program, subject to the approval of the board of governors and consistent with this Part. The procedures shall include a process for selecting and assigning arbitrators to hear and determine the fee disputes covered by this Part. Arbitral bodies are strongly encouraged to include nonlawyer members of the public in any pool of arbitrators that will be used for the designation of multi-member arbitrator panels;

(2) require that arbitrators file a written oath or affirmation to faithfully and fairly arbitrate all disputes that come before them;

(3) be responsible for the daily administration of the arbitration program and maintain all necessary files, records, information and documentation required for purposes of the operation of the program, in accordance with directives and procedures established by the board of governors;

(4) prepare an annual report for the board of governors containing a statistical synopsis of fee dispute resolution activity and such other data as the board shall prescribe; and

(5) designate one or more persons to administer the program and serve as a liaison to the public, the bar, the board of governors and the grievance committees of the Appellate Division.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 137.4