Section 6 - Selection of Mediators and Arbitrators

As amended through June 11, 2024
Section 6 - Selection of Mediators and Arbitrators
6.1 Each party to a mediation shall receive a list of the members of the mediation panel from the BOG region in which a lawyer to the dispute maintains his or her law office. Each party has 14 days from receipt of the list to submit challenges pursuant to Rule 6.3.
6.2 Each party to an arbitration shall receive a list of the members of the arbitration panel in the BOGregion in which a lawyer to the dispute maintains his or her law office. Each party has 14 days from receipt of the list to submit challenges pursuant to Rule 6.3.
6.3 Each party may challenge without cause, and thereby disqualify as mediators or arbitrators, not more than two panelists. Each party may also challenge any panelist for cause. Any challenge for cause must be made by written notice to the Administrator, shall include an explanation of why the party believes the party cannot have a fair and impartial hearing before the panelist. Challenges for cause shall be determined by General Counsel, or General Counsel's designee, based on the reasons offered by the challenging party. Upon receipt of the agreement signed by both parties, the Administrator shall select the appropriate number of panelists from the list of unchallenged panelists to hear a particular dispute.
6.4 All mediations shall be mediated by one lawyer panelist selected from the BOG region in which a lawyer to the dispute maintains his or her law office. The parties will be given notice of the mediator's appointment via the OFDR system.
6.5 Disputed amounts of less than $10,000 shall be arbitrated by one lawyer panelist. Disputed amounts of $10,000 or more shall be arbitrated by three panelists, including two lawyer arbitrators and one public arbitrator. If three (3) arbitrators are appointed, the Administrator shall appoint one lawyer arbitrator to serve as chairperson. The Administrator shall appoint panelists from the BOG region in which a lawyer to the dispute maintains his or her law office. The parties will receive notice of the appointment via the ODFR system. Regardless of the amount in controversy, the parties may agree that one lawyer arbitrator hear and decide the dispute. If three arbitrators cannot be appointed in a fee dispute from the arbitration panel of the board of governors region in which a dispute involving $10,000 or more is pending, the dispute shall be arbitrated by a single arbitrator. If, however, any party files a written objection with the Administrator within ten (10) days after receiving notice that a single arbitrator will be appointed under this subsection, two (2) additional arbitrators shall be appointed.
6.6 Any change or addition in appointment of mediators or arbitrators shall be made by the Administrator. When necessary, the Administrator may appoint mediators or arbitrators from a region other than the BOG region in which a lawyer to the dispute maintains his or her law office.
6.7 Before accepting appointment, a mediator or arbitrator shall use the OFDR system to disclose to the Administratorand, if applicable, to the other arbitrators, any known facts that a reasonable person would consider likely to affect the impartiality of the mediator or arbitrator in the proceeding. Mediators and arbitrators have a continuing duty to disclose any such facts learned after appointment. After disclosure of facts required by this rule, the mediator or arbitrator may be appointed or continue to serve only if all parties to the proceeding consent; in the absence of consent by all parties, the Administrator will appoint a replacement mediator or arbitrator and, if appropriate, extend the time for the hearing.
6.8 In the absence of consent by all parties, no person appointed as a mediator may thereafter serve as an arbitrator for the same fee dispute.
Effective 10/1/2021.