Local Rule LCvR54.3: Non-Binding Arbitration or Other ADR of Attorney's Fee Disputes

LCvR54.3 Non-Binding Arbitration or Other ADR of Attorney's Fee Disputes.

After the court determines that the prevailing party is entitled to recover attorney's fees against the unsuccessful party, the court may refer the matter to arbitration regarding the reasonable amount of attorney's fee awardable in the case when the parties consent to referral of the issue to arbitration.

Arbitration proceedings under this rule shall be conducted according to the procedures set forth in 28 U.S.C. § 651, et seq., including the provisions regarding arbitration awards and judgments and trial de novo. In the event either party demands a trial de novo, the court may take evidence in any manner the court deems proper including, in its discretion and notwithstanding any rule to the contrary, review of any transcripts of the arbitration proceeding.

Counsel may also stipulate in writing to waiver of the right to trial de novo following the award and elect to proceed in voluntary binding arbitration. Any other ADR process may be selected and agreed to by the parties, if appropriate.