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.
