FEES AND COSTS FOR REALTORS AND HOMEOWNERS THAT HAVE AGREED TO ARBITRATE AS PROVIDED
IN THE MULTIPLE LISTING SERVICE (MLS) AGREEMENT* (for Small Claims,
Multi-Party and Tri-Panel Cases, effective 07/01/07)
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
Comprehensive Dispute Resolution Rules and Procedures incorporate this Fee Schedule and require
that the parties pay the fees set forth herein.
SMALL CLAIMS:
Applies to Two Party disputes in which the claimant's demand is $5,000 or less
The claimant is charged a $936 flat fee for each arbitration/mediation inclusive of
Arbitrator/Mediator time. Arbitrator/Mediator 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. As part of the Demand for Arbitration, the claimant may request that the Arbitrator
order that all, or a portion of the cost of the arbitration/mediation, be reimbursed to the
claimant from the respondent.
The Arbitrator/Mediator may, in his/her discretion, grant a party's request for postponement
of a scheduled Arbitration Hearing or Mediation Conference. Any arbitration or mediation
adjourned with at least 7 business days notice to NAM is billable at $52 to the adjourning
party. Any arbitration or mediation adjourned without 7 business days notice to NAM but
prior to the hearing/conference date is billable at $208 to the adjourning party. Any
arbitration or mediation adjourned on the actual hearing/conference date is billable at $416
to the adjourning party. For cancellations or settlements on the actual hearing/conference
date, the claimant is responsible for full payment of the flat fee of $936. In the event
the parties have agreed to an ADR proceeding and the case settles or is canceled prior to
the hearing/conference date, the claimant is responsible for $520, the administrative
portion of the flat fee.
ARBITRATION & MEDIATION (FOR 3 OR MORE PARTIES):
The claimant who files the Demand for Arbitration is charged an administrative fee of $260
per party based on the total number of parties to the case for each mediation/arbitration.
All administrative fees are non-refundable. This fee includes case administration,
coordination, scheduling, document handling, faxing and postage. In addition, for each hour
of Arbitrator/Mediator time, hourly fees of $520 per hour are charged. This fee is to be
paid by the claimant who files the Demand For Arbitration. Arbitrator/Mediator 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. The claimant who files the Demand for Arbitration will be
billed in advance of the hearing/conference for the administrative fee and 3 hours of time.
To the extent that the total Arbitrator/Mediator time is less than 3 hours, the claimant
will receive a refund of up to 1 hour. Minimum billing is 2 hours. To the extent that
additional time is needed beyond 3 hours, the claimant will be billed at $520 per hour in
excess thereof. Hourly fees are payable for the full duration of the hearing/study and
decision preparation time (regardless if any individual party is not present for the total
time incurred). As part of the Demand for Arbitration, the claimant who files the Demand
for Arbitration may request that the Arbitrator order that all, or a portion of the cost of
the arbitration/mediation, be reimbursed to the claimant from the respondent.
The Arbitrator/Mediator may, in his/her discretion, grant a party's request for postponement
of a scheduled Arbitration Hearing or Mediation Conference. Any arbitration or mediation
adjourned with at least 7 business days notice to NAM is billable at $156 to the adjourning
party. Any arbitration or mediation adjourned without 7 business days notice to NAM but
before the hearing/conference date is billable at $312 to the adjourning party. Any
arbitration or mediation adjourned on the hearing/conference date is billable at $520 to the
adjourning party. For cancellations or settlements on the actual hearing/conference date,
the claimant who files the Demand for Arbitration will be responsible for the full
administrative fees plus two hours of hearing time. In the event the parties have agreed to
an ADR proceeding and the case settles or is canceled prior to the hearing/conference date,
the claimant who files the Demand for Arbitration will be responsible for full payment of
the administrative fees.
TRI-PANEL:
The claimant who files the Demand for Arbitration is charged an administrative fee of $312
per party based on the total number of parties to the case for each mediation/arbitration.
All Tri-panel administrative fees are non-refundable. This fee includes case administration,
coordination, scheduling, document handling, faxing and postage. In addition, the cost of
three Arbitrators/Mediators is $1,248 per hour. This fee is to be paid by the claimant who
files the Demand for Arbitration. Arbitrator/Mediator 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. The claimant who files the Demand for Arbitration will be billed in advance of the
hearing/conference for the administrative fees and 3 hours of time. To the extent that the
total Arbitrator/Mediator time is less than 3 hours, the claimant will receive a refund of
up to 1 hour. Minimum billing is 2 hours. To the extent that additional time is needed
beyond 3 hours, the claimant will be billed at $1,248 per hour in excess thereof. Hourly
fees are payable for the full duration of the hearing/study and decision preparation time
(regardless if any individual party is not present for the total time incurred). As part
of the Demand for Arbitration, the claimant who files the Demand for Arbitration may request
that the Arbitrators order that all, or a portion of the cost of the arbitration/mediation,
be reimbursed to the claimant from the respondent(s).
The Arbitrators/Mediators may, in their discretion, grant a party's request for postponement
of a scheduled In-Person/Oral Arbitration Hearing or Mediation Conference. Any Tri-Panel
arbitration adjourned with at least 7 business days notice to NAM is billable at $208 to the
adjourning party. Any Tri-Panel arbitration adjourned without 7 business days notice to NAM
but before the day prior to the scheduled hearing/conference date is billable at $312 to the
adjourning party. The adjourning party shall be responsible for $624 in the event they
adjourn on the day prior to their scheduled hearing/conference and $1,248 should they adjourn
on the actual day of their scheduled hearing/conference. For cancellations or settlements
on the actual hearing/conference date, the claimant(s) are responsible for payment of the
administrative fees and two hours of conference/hearing time. In the event the parties have
agreed to an ADR proceeding and the case settles or is canceled prior to the
hearing/conference date, the claimant(s) will be responsible for full payment of the
administrative fees.
Translation or Interpreters Fees:
Normally, if a party requires translation or interpretation services, that party is
responsible to find an appropriate service and pay for it directly. If a party requests
that NAM directly provide translation or interpretation services and NAM is able to provide
such services (note that NAM is not in this business and does not have professional
translators), the fee for such service is $208 per hour.
PAYMENT TERMS
- Administrative fees and advance hearing time reserved are due prior to
the hearing/conference date. Fees for adjournments, cancellations, settlements and hearing
time/Arbitrator/Mediator study time are due within 10 days of invoice date.
- Each party is responsible to pay the fees billed to them by NAM directly
to NAM. If, as part of the award, the Arbitrator[s] awards the cost of the Arbitration to
one party or apportions such costs between the parties, such reimbursement is to be made
between/among the parties after NAM has been paid in full and without the involvement of
NAM.
- In the event that a party fails or refuses to make payments, NAM may
direct the other party or parties to effect a substitute payment to allow the
arbitration/mediation to proceed (subject to any Award for costs). In such circumstances,
the party paying the substitute payment may be entitled to recover that amount from the
defaulting party. NAM may elect not to commence administration of the claim or not to allow
the hearing/conference to proceed until all outstanding fees are paid.
- In the event a dispute arises with respect to the payment of fees, the
NAM Administrator, in his/her sole discretion, will determine who is responsible for the
payment of fees.
- The NAM 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.
The cost structure outlined above represents the fees for the specific region from which this
correspondence originated. Fees and costs are effective as of 7/1/07. Prices subject to
change without notice. Arbitrator/Mediator travel time (should any be required) is billable to
each party at the assigned Arbitrator/Mediator's travel time rate.
* All fees included herein will automatically increase by 4% per annum on the first of
January of each calendar year.
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