COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES (Effective 07/09/07) National Arbitration & Mediation (NAM) 990 Stewart Avenue, First Floor Garden City, NY 11530 Phone:  1-800-358-2550 Fax:  516-794-8971 www.namadr.com © Copyright 2001, 2003, 2005, 2006, 2007 Comprehensive Dispute Resolution Rules and Procedures            Effective 07/09/07 National Arbitration and Mediation (NAM) 1-800-358-2550 / www.namadr.com 1 SCOPE OF RULES RULE NO. 1:  APPLICATION OF RULES All rules set forth herein are National Arbitration & Mediation (“NAM”)’s Comprehensive Dispute Resolution Rules and Procedures (hereinafter “NAM’s Rules”) and shall govern non- binding mediations and binding arbitrations of disputes that are administered by NAM by the parties mutual agreement to use these rules or pursuant to any written agreement between the parties.  These rules are designed to secure the most expeditious, private and inexpensive resolution and determination of every case, whether in law or equity. The parties are free, however, to enter into a mutually executed written agreement at any time to amend or modify any of NAM’s Comprehensive Rules for the purpose of their case. RULE NO. 2:  DEFINITIONS For purposes of these Rules, the following definitions apply: A. Arbitration Agreement - any written agreement between the parties to resolve a dispute, claim or controversy through binding arbitration. B. Arbitration Hearing - any proceeding in which disputes, claims or controversies are resolved, including: i. In-Person/Oral Arbitration Hearing - any proceeding in which an Arbitrator entertains oral testimony or arguments and reviews documents and evidence to render an award or judgment.  The hearing may be conducted in-person or via telephone. ii. Arbitration based on Written Submissions - any proceeding in which the Arbitrator reviews documents, evidence or property and bases his or her decision solely on the documentary evidence presented to him or her. C. Arbitration Notice - a written notice which the Claimant files and serves upon the Respondent to initiate the claim and request arbitration.  Also referred to as a Demand For Arbitration. D. Arbitrator - an individual conducting Arbitration Hearings. E. Award - any binding award issued by an Arbitrator establishing the final rights and obligations of the parties.  A judgment may be entered for enforcement in a public court pursuant to the rules of the relevant jurisdiction for enforcement of arbitral awards. F. Claim - any claim seeking a remedy or relief submitted by one party against other parties including an initial claim, counter or cross claim. Comprehensive Dispute Resolution Rules and Procedures            Effective 07/09/07 National Arbitration and Mediation (NAM) 1-800-358-2550 / www.namadr.com 2 G. Claimant - any party initiating an arbitration or mediation and making a Claim under these Rules and Procedures.   H. Deposition - testimony under oath, especially a statement by a witness that is written down or recorded for use in legal proceedings at a later time. I. Discovery - the compulsory disclosure of pertinent facts or documents to the opposing party in a legal proceeding. J. Document - any writing or data compilation containing evidential information such as facts, opinions, statements, reasons, descriptions, legal arguments or any other information in any form such as an agreement, record, correspondence, tape, disk, request, notice, affidavit, memorandum or other writing. Documents shall include, but not be limited to, all written notifications and communications, pleadings, reports, photographs, bills, receipts, invoices, records maintained in the ordinary course of business, medical reports, contracts and any other written documents.  K. Fee Schedule - the then current Fee Schedule in effect at the time of the filing of the claim which is subject to NAM’s Comprehensive Dispute Resolution Rules and Procedures and is made a part of these Rules and incorporated by reference herein. L. Comprehensive Dispute Resolution Rules and Procedures - the rules and procedures administered by NAM to assist parties to resolve disputes that may arise. M. Interim Order - any order providing temporary or preliminary relief pending a final Award. N. Interrogatory - a formal or written question asked to a witness, usually requiring an answer under oath. O. Mediation - a non-binding settlement conference. Mediation sessions are only binding where an agreement is reached.  Documentary evidence may be used by the parties and submitted to the hearing officer to facilitate negotiations.   P. Mediator - an individual conducting a Mediation Conference. Q. Mediation Agreement - any written agreement between the parties to resolve a dispute, claim or controversy through non-binding mediation. R. Mediation Conference - a non-binding settlement proceeding in which each party is given an opportunity to describe the facts of the case and explain its position to a Mediator who in turn meets privately with each side to evaluate their respective cases and to discuss potential settlement figures with a view toward guiding the parties to the settlement of their dispute.  The hearing may be conducted in-person or via telephone. S. Mediation Notice - a written notice which the Claimant files and serves upon the Respondent to initiate the claim and request Mediation.  Also referred to as a Request For Mediation.    Comprehensive Dispute Resolution Rules and Procedures            Effective 07/09/07 National Arbitration and Mediation (NAM) 1-800-358-2550 / www.namadr.com 3 T. NAM - the administrator of the Comprehensive Dispute Resolution Rules and Procedures, headquartered at 990 Stewart Avenue, First Floor, Garden City, NY 11530; telephone # is 800-358-2550.  U. NAM Administrator - the individual or individuals appointed by NAM to administer NAM’s Comprehensive Dispute Resolution Rules and Procedures. Unless specifically directed to do so by the NAM Administrator or the Arbitrator(s)/Mediator, all communications among the parties and NAM, whether verbal or written, should be addressed to the NAM Administrator at 990 Stewart Avenue, First Floor, Garden City, NY 11530 and not directly to the Arbitrator(s)/Mediator. The NAM Administrator may, in his or her discretion, appoint a NAM employee or employees to assist in the administration of a claim submitted to NAM. V. Order - any order issued by an Arbitrator establishing specific rights and obligations of the parties. W. Party - any individual or entity who makes a claim or against whom a claim is made, including Claimants and Respondents. X. Reasoned Decision - an Award (as defined in e above) which also includes the written findings of fact, conclusions of law or reasons for the Award. Y. Reply - a written response by the Respondent to an Arbitration Notice filed by the Claimant. Z. Representative - any individual, including an attorney, who represents a party in an arbitration or mediation. AA. Respondent - any party against whom a claim is made. BB. Sanctions - may include the dismissal of the claim or counter-claim, preclusion of evidence, admission of facts, payment of fees, costs or attorney’s fees or the granting of an award.  The Arbitrator may impose sanctions against a party, a representative or both. CC. Service - the methods of delivery specified in Rule No. 11 by which a party may deliver an Arbitration Notice or Reply, or any other documents or written communications to another party or to the NAM Administrator. DD. Signature or Signed - A mark or symbol intended as an attestation, produced by reliable means, intended as a signature.    EE. Witness - an individual who may or may not be a party, who will appear at an arbitration hearing and give sworn testimony regarding the dispute, claim or controversy.