Each day, individual Consumers enter into transactions with businesses for products or
services for their personal, family or household use. In many instances, the form agreement
relating to the transaction between the business and individual Consumer contains a clause
providing for binding Arbitration and/or non-binding Mediation. When a dispute arises between
an individual Consumer and a business, NAM (National Arbitration and Mediation) offers dispute
resolution services pursuant to NAM's Comprehensive Dispute Resolution Rules and Procedures
and Fee Schedule in effect at the time the claim is filed.
We consider Consumer cases to be those in which the business has a standardized, systematic
application of arbitration clauses with customers and there is minimal, if any, negotiation
between the parties as to the procedures or other terms of the arbitration clause. A Consumer
is defined as an individual who seeks or acquires any goods or services, primarily for
personal, family, or household purposes. These standards do not apply to the use of arbitration
in resolving disputes arising from commercial transactions between a lender and commercial
borrowers or a company and commercial customers or other financial services such as investment
and real estate transactions. Nor do they apply if the agreement to arbitrate was negotiated
by the individual Consumer and the company.
NAM shall have the sole discretion to determine whether the case constitutes a consumer
transaction under NAM's Comprehensive Dispute Resolution Rules and Procedures.
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