MODEL RULES FOR FEE ARBITRATION - RULE 6

Rule 6 DECISION

  1. Form of Decision. The panel's decision shall be in writing and shall include a clear statement of the amount in dispute, whether and to whom monies are due, and a brief explanation of the decision.

  2. Issuance of Decision. The decision should be rendered within [thirty] days of the close of the hearing or from the end of any time period permitted by the panel for the filing of supplemental briefs or other materials. The arbitrator or panel chair shall forward the decision to the Commission which shall serve a copy of the decision on each party to the arbitration.

  3. Modification of Decision.

    (1) On application to the panel by a party to a fee dispute, the panel may modify or correct a decision if:

    (a) there was an error in the computation of figures or a mistake in the description of a person, thing, or property referred to in the decision;
    (b) the decision is imperfect in a matter of form not affecting the merits of the proceeding; or
    (c) the decision needs clarification.

    (2) Any party may file an application for modification with the panel within [twenty] days after service of the decision and shall serve a copy of the application on all other parties. An objection to the application must be filed with the panel within [ten] days after service of the application for modification.
    (3) An application for modification shall not extend the thirty day time period to seek trial de novo under these rules.

  4. Retention of Files. The Commission shall maintain all fee arbitration files for a period of [three] years from the date a decision is issued.

Comment
In order to bring a final and speedy conclusion to fee disputes, the decision of the panel is required to be in writing and should be rendered within thirty days. Discretion to extend the time period for unusually complicated or difficult matters should be provided.

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