I think that is a great idea. Perhaps we could devise a standard "contract for abstract services" that would define the process and costs. Of course, the drawback might just be some of the clients may be unwilling to sign such an agreement if there are other abstractors out there that don't require it.
I was once involved in an arbitration through the AAA. It was a good experience. The terms of our Arbitration Agreement required each party to pay half of the arbitrator's fees and expenses, regardless of the outcome. The practical result of such an arrangement is that it does spur the parties to work out payment before they incur the expenses and run the risk of losing at arbitration. Thus, having the agreement in place may eliminate much of the collection problem without actually having to utilize the process.
This is definitely a worthwhile discussion to have.
Best,
Robert A. Franco
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