Mont. R. Arb. Fee Disp. pt. 11

If no lawsuit is filed in a court of law within thirty (30) days as referred to in Rule 8.5 above,

the arbitration decision may be entered and filed as an order of court pursuant to the Uniform

Arbitration Act, MCA 27-5-311, (1993).

State Bar of Montana - P.O. Box 577, Helena, MT 59624 - 406-447-2206

,

PETITIONER(S)

PETITION FOR ARBITRATION

vs. OF FEE DISPUTE

No.

,

RESPONDENT(S)

TO: THE STATE BAR OF MONTANA:

PETITIONER(S) address and phone number:

(Street or P.O. Box) (City, State and Zip) (Daytime Phone No.)

RESPONDENT(S) address and phone number:

(Street or P.O. Box) (City, State and Zip) (Daytime Phone No.)

Petitioner(s) hereby request(s) arbitration of the fee dispute between myself/ourselves and the

above-named Respondent(s).

The amount of the fee and/or costs in dispute is: $ .

I/we certify the fee is not the subject of pending litigation and is not a fee which a court or

administrative agency, i.e. Workers' Compensation Court or Social Security Disability matter, has statutory

authority to determine. I/we understand this is not the forum for claims of professional or ethical

misconduct or malpractice and that those issues are reviewed by the Office of Disciplinary Counsel

(406)841-2980, or by a court of law. I/we further understand that by filing this Petition, I/we may

not withdraw from this process once the opposing party has signed the Arbitration Agreement,

unless the opposing party agrees to the withdrawal. I/we also understand that even if non-binding arbitration is selected, the award entered at the conclusion of the process may become

binding under certain provisions of these rules.

A brief statement of the facts giving rise to the dispute is as follows: (Attach separate sheet if necessary)

DATED THIS day of, 20.

Petitioner Co-Petitioner (If applicable)

State Bar of Montana - PO Box 577, Helena, MT 59624 - 406-447-2206

_______________________________________

_______________________________________

PETITIONER(S) ARBITRATION

AGREEMENT

-vs-

No. ________

_______________________________________

_______________________________________

RESPONDENT(S)

1) Petitioner(s) affirm(s) that they have previously attempted to settle this dispute with the

other party through a meeting, telephone call or written communication and that not withstanding

those efforts, the assistance of arbitrators is requested to resolve this dispute.

2) Each party affirms that they have received and read the State Bar of Montana’s “Rules on

Arbitration of Fee Disputes” and agrees to abide by those rules.

3) The parties agree that this dispute is not subject to a valid arbitration agreement under

applicable state or federal law.

4) The parties agree that this dispute is not the subject of litigation filed prior to receipt of

the Petition by the State Bar of Montana.

5) In addition to paragraphs 1 through 4 above, the parties further agree: (choose and sign

ONE of the following options)

OPTION A: To participate in "binding" arbitration and to immediately be bound by the decision of

the arbitrators. (If both parties sign under Option A, the arbitrators' decision is final and cannot be

reversed unless there is a showing of fraud or conflict of interest under the Uniform

Arbitration Act. )

Petitioner(s) Date Respondent(s) Date

OPTION B: To participate in "non-binding" arbitration, with the arbitrators’ decision to become

binding thirty (30) days after the date of the decision, unless Petitioner or Respondent files an action

a lawsuit in the appropriate a court of law, within 30 days of the date of the arbitrators' decision,

to settle this dispute. (If either party chooses Option B, there is a 30-day grace period from the date

the decision is mailed to the parties, allowing either party to file a lawsuit if they disagree with the

arbitrators' decision).

Petitioner(s) Date Respondent(s) Date

OPTION C – See next page……………………………

OPTION C (for Respondent only)

I elect not to participate in the arbitration and understand that, depending upon my

status as either attorney or client, Rules 5.5 and 5.6 respectively will thereafter

govern.

______________________________

Respondent(s) Date