How the Lawyer-to-Lawyer Dispute Resolution Program works

Disputes among lawyers can make it difficult for them to serve their clients and communities, harming both the professionals involved and the clients they serve. The Missouri Bar established the Lawyer-to-Lawyer Dispute Resolution Program to provide an efficient, no-cost, confidential, and voluntary mechanism for resolving economic and professional disputes among lawyers.  

Here’s the process: 

Step 1: A lawyer files a Notice of Dispute and Request for Facilitation form with the program administrator at The Missouri Bar. Under certain circumstances, the dispute may be referred to the program by the Office of Chief Disciplinary Council.  

Step 2: A file is opened within the program, and all parties are asked to voluntarily sign the Agreement for Facilitation to attempt to resolve the dispute. 

Step 3: Once the program administrator receives written consent from all parties, the matter is assigned to a neutral. Neutrals serving as facilitators and arbitrators are members of The Missouri Bar who volunteer their services. Either party may challenge the assigned neutral within 10 days of the assignment. 

Step 4: The neutral may contact the parties to clarify the nature of the dispute and the parties’ positions. The goal is to promote a better understanding of the issues and offer meaningful suggestions for resolution. 

Step 5a: The program administrator quickly schedules a facilitation meeting with the parties virtually or in a neutral location. The parties have the option to be represented by counsel at their own expense. A written entry of appearance is required. The neutral’s role is to promote communication and suggest ways to resolve the dispute — they will not impose a settlement. 

Step 5b: If needed and mutually agreed upon, follow-up sessions are scheduled. 

Step 6a: If an agreement is reached in facilitation, the neutral will assist the parties in writing down their agreement and the matter is closed. 

Step 6b: If an agreement is not reached in facilitation, the neutral assists the parties in developing criteria for a binding arbitration hearing, provided both parties consent to arbitration.  

Step 7: A binding arbitration hearing is held with another neutral assigned to arbitrate the matter. Participants may choose to seek arbitration outside the program. 

A matter will be closed if: 

• one of the parties does not consent to facilitation,  
• one of the parties does not agree to binding arbitration if an agreement has not been reached in facilitation,  
• the matter has been resolved prior to or during facilitation, or  
• a binding arbitration award has been filed with the program administrator’s office. 

Pursuant to the Lawyer-to-Lawyer Dispute Resolution Program Guidelines, the Lawyer-to-Lawyer Dispute Resolution Committee oversees the activities and proceedings of the program. The committee is appointed by The Missouri Bar Board of Governors.