FEES AND COSTS FOR BINDING ARBITRATION FOR EMPLOYMENT DISPUTES
(Effective 07/01/08)
The following is a description of the types of fees assessed by NAM, the manner in which the
fees are calculated and an explanation of the parties responsible for the various fees. NAM's
Employment Arbitration Rules and Procedures incorporate this Fee Schedule and require that the
parties pay the fees set forth herein. However, the Hourly Arbitrator Fees may vary depending
upon the Hearing Officer selected for the case. Hearing Officers that command a different fee
structure will be designated as such on NAM's roster. Such fee variances are discussed below
under Hourly Arbitrator Fees.
Filing Fee:
The Employee is charged a Filing Fee of $55 which shall be sent to NAM with the completed Demand
for Arbitration/Arbitration Request Form.
Administrative Fee:
The Employer is charged an Administrative Fee of $630 for each arbitration. All Administrative
Fees are non-refundable. This fee must be received by NAM prior to scheduling any arbitration
proceeding. This fee includes case administration, coordination, scheduling, document handling,
faxing and postage.
Hourly Arbitrator Fees:
REGULAR HEARING OFFICERS:
For each hour of Arbitrator time, the Employer is charged $525 per hour. Arbitrator time refers
to the combination of conference/pre-hearing conference/hearing time, travel time (if required),
study and review of written submissions and documents from the parties, research and decision
preparation time. All out-of-pocket expenses incurred by the Arbitrator will be billed at cost
and without mark-up to the Employer.
SPECIALLY DESIGNATED HEARING OFFICERS:
For each hour of Arbitrator time, the Employer is charged $630 per hour. Each Specially
Designated Hearing Officer has a minimum number of hours to be charged per case heard or
conferenced as reflected on NAM's Hearing Officer roster. As such, the Employer will be charged
for the minimum number of hours even if the total time spent by such Hearing Officer is less.
To the extent that the total Hearing Officer Time is more than the minimum number of hours as
designated on NAM's Hearing Officer roster, additional hourly fees of $630 per hour will be
charged. Arbitrator time refers to the combination of conference/pre-hearing conference/hearing
time, travel time (if required), study and review of written submissions and documents from the
parties, research and decision preparation time. All out-of-pocket expenses incurred by the
Arbitrator will be billed at cost and without mark-up to the Employer.
Other Fees:
Preparation of third panel: If it becomes necessary for NAM to submit a third panel of
arbitrators to the parties for whatever reason, the Employer will be charged a fee of $525 at
the time the third panel is submitted to the parties.
Withdrawal/cancellation/settlement fees: In the event that a case is
withdrawn/cancelled/settled, the Employer will be responsible for all Hourly Arbitrator Fees for
the number of hours already expended by the Arbitrator (if applicable) in accordance with the
above fees, as well as any out-of-pocket expenses incurred (if applicable). The Administrative
Fee is always non-refundable. If a case is withdrawn/cancelled/settled after NAM has supplied
the parties with an initial roster but before an Arbitrator has incurred any time, the Employer
will be charged a fee of $865 in addition to the non-refundable Administrative Fee.
Supplemental administrative fee: In the event that additional time is required to be
spent by NAM to address special requests by one of the parties, then NAM, in its sole discretion,
may impose a supplemental administrative fee of $210 per hour. This fee shall be billed to and
paid by the Employer.
PAYMENT TERMS
- The filing fee is due at the time a demand for arbitration is filed with
NAM.
- The Employer shall be billed in advance of the hearing for the
Administrative Fee and for 7 hours of arbitrator time. To the extent that the arbitrator
time is less than 7 hours, the Employer will receive a refund equal to the pro-rata portion
of such unused time. If the arbitrator time exceeds 7 hours, all additional hours will be
billed at the applicable hourly rate specified above. Administrative fees and advance
hearing time are to be paid before a case is scheduled. All other fees are due within 30
days of invoice date.
- The NAM Employment Administrator may, in his or her discretion, agree to
waive any of the fees payable to NAM by an individual who is indigent and unable to pay.
- All fees are to be paid in U.S. dollars.
- Interest will be charged at a rate of 1.5% per month on balances more
than 30 days past due.
- Any questions or concerns regarding invoices should be brought to NAM's
attention within 30 days of the receipt of the invoice. Any comments received after 30 days
cannot be considered.
Fees and costs are effective as of 7/1/08. All fees will automatically increase by 5%
annually as of July 1st of each year.
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