ARBITRATION PROCEEDINGS

(a) Institution of Proceedings. All arbitration proceedings are instituted by filing a written consent to arbitration by written contract between the parties to the arbitration, orders of the Supreme Court of Florida in proceedings under these Rules Regulating The Florida Bar imposing a sanction or condition of probation, or consent form prescribed in the policies adopted under the authority of this chapter and signed by each party to the controversy.

(b) Position Statement and Relevant Documents. Each party must provide the arbitrator(s) with a concise statement of that party’s position, including the amount claimed or in controversy, on the form prescribed and authorized by the standing committee. If there is a written contract regarding fees or costs between the parties, a copy of that written contract must accompany the request or submission.

(c) Referral by Intake Counsel or Bar Counsel. A case may be referred to the fee arbitration program with the consent of:

(1) intake counsel and the parties; or

(2) bar counsel, the parties, and the chief branch discipline counsel.

(d) Referral by Grievance Committees. Grievance committees, with concurrence of bar counsel and consent of the parties, may refer appropriate cases to the fee arbitration program.

(e) Referral by Board of Governors. The board of governors, with the agreement of the parties and on review of a file referred to it as authorized elsewhere under these rules, may refer appropriate cases to the fee arbitration program if they meet the criteria established by the policies adopted under the authority of this chapter. Added April 6, 1989 (542 So.2d 975). Amended: July 23, 1992, effective Jan. 1, 1993 (605 So.2d 252); Oct. 20, 1994 (644 So.2d 282); Amended and Renamed May 20, 2004, (SC03-705), (875 So.2d 448); November 19, 2009, effective February 1, 2010 (SC08-1890) (34 Fla.L.Weekly S628a); amended March 3, 2022, effective May 2, 2022 (SC20-1467); amended September 7, 2023; effective November 6, 2023 (SC22-1293); amended August 28, 2025, effective October 27, 2025 (SC2025-0019)).