FEES AND COSTS FOR BINDING ARBITRATION OR NON-BINDING MEDIATION GOVERNED BY NAM'S STANDARD RULES AND PROCEDURES
(Effective 07/01/08)


These fees pertain to cases heard or conferenced in accordance with NAM's Standard Rules and Procedures. However, the 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 structure is presented below under SPECIAL RATE STRUCTURE for DESIGNATED HEARING OFFICERS.


ARBITRATION & MEDIATION (LESS THAN 4 PARTIES):

Each party is charged a $475 administrative fee for mediations and arbitrations. The administrative fee includes one hour of Hearing Officer Time. Hearing Officer Time shall be defined as, but not be limited to, all case review time, study, research, decision preparation time, telephone or verbal conference time, as well as actual hearing/conference time. For instances in which the Hearing Officer Time reserved for the case and/or expended by the Hearing Officer (in any combination) is in excess of one hour, each party will be billed at the rate of $260 per hour for any additional Hearing Officer Time. Moreover, if a hearing/conference is continued, the parties will be charged a minimum of one (1) hour of Hearing Officer Time for each time a hearing/conference is held. Any arbitration or mediation adjourned with at least 7 business days notice to NAM is billable at $205 to the adjourning party. Any arbitration or mediation adjourned without 7 business days notice to NAM will be billable at $310 to the adjourning party. For adjournments or cancellations on the actual hearing date, the adjourning or canceling party will be responsible for the full administrative fee and for the amount of time reserved for that date. In the event the parties have agreed to an ADR proceeding and the case settles or is canceled prior to the hearing/conference date, each party will be billed $205. In the event the case settles on the hearing/conference date, the parties are responsible for full payment of the administrative fees and for the amount of time reserved for that date. For cases that cannot be finalized in the time reserved by the parties to arbitrate or mediate their matter and, as such, must be continued in a subsequent session, a rescheduling fee of $105 per party shall apply. Rescheduling fees are only incurred on sessions that are not reserved in advance of the initial mediation or arbitration.


ARBITRATION & MEDIATION (4 OR MORE PARTIES):

Each party is charged a $250 administrative fee. All administrative fees are non-refundable. This fee includes case administration, coordination, scheduling, document handling, faxing and postage. In addition to the administrative fee, for each hour of Hearing Officer Time, hourly fees of $615 per hour are charged. This fee is split equally among all parties. Hearing Officer Time shall be defined as, but not be limited to, all case review time, study, research, decision preparation time, telephone or verbal conference time, as well as actual hearing/conference time. A 30-minute minimum of Hearing Officer study, research and decision preparation time will be billed for every two hours of scheduled mediation/arbitration time. Hourly fees are split equally among all parties 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). Moreover, if a hearing/conference is continued, the parties will be charged a minimum of one (1) hour of Hearing Officer Time for each time a hearing/conference is held. Any arbitration adjourned with at least 7 business days notice to NAM is billable at $310 to the adjourning party when there are 4 parties. For 5 or more parties, any arbitration adjourned with at least 7 business days notice to NAM is calculated as $310 plus $105 for each party in excess of 4 and is billable in total to the adjourning party. Any arbitration adjourned without 7 business days notice to NAM is billable at $460 to the adjourning party when there are 4 parties. For 5 or more parties, any arbitration adjourned without 7 business days notice to NAM is calculated as $460 plus $105 for each party in excess of 4 and is billable in total to the adjourning party. An adjournment on the actual hearing date is billable at $615 to the adjourning party when there are 4 parties. For 5 or more parties, the adjournment fee is calculated as $615 plus $105 for each party in excess of 4 and is billable in total to the adjourning party. In the event the parties have agreed to an ADR proceeding and the case settles or is canceled prior to the hearing/conference date, each party will be responsible for the administrative fees as described above. In the event a case settles or is canceled on the hearing/conference date, the parties are responsible for payment of the administrative fees and for the amount of time reserved for that date. For cases that cannot be finalized in the time reserved by the parties to arbitrate or mediate their matter and, as such, must be continued in a subsequent session, a rescheduling fee of $155 per party shall apply. Rescheduling fees are only incurred on sessions that are not reserved in advance of the initial mediation or arbitration.


TRI-PANEL (LESS THAN 4 PARTIES):

Each party is charged a $410 administrative fee. All Tri-panel administrative fees are non-refundable. The administrative fee must be received by NAM prior to scheduling the hearing/conference. This fee includes case administration, coordination, scheduling, document handling, faxing and postage. In addition to the administrative fee, the cost of three Hearing Officers is $1,540 per hour (split equally among all parties). The hourly rate is inclusive of all hearing/conference time and includes any Hearing Officer(s) study, research and decision preparation time. Moreover, if a hearing/conference is continued, the parties will be charged a minimum of one (1) hour of time for each time a hearing/conference is held. Any Tri-Panel arbitration adjourned with at least 7 business days notice to NAM is billable at $310 to the adjourning party. Any Tri-Panel arbitration adjourned without 7 business days notice to NAM is billable at $460 to the adjourning party. The adjourning party shall be responsible for $720 in the event they adjourn on the day prior to their scheduled hearing/conference and $1,540 should they adjourn on the actual day of their scheduled hearing/conference. In the event the parties have agreed to an ADR proceeding and the case settles or is canceled prior to the hearing/conference date, each party will be responsible for the administrative fees as described above. In the event a case settles or is canceled on the hearing/conference date, the parties are responsible for payment of the administrative fees and the higher of (i) the amount of time reserved for that date or (ii) two hours of conference/hearing time. For cases that cannot be finalized in the time reserved by the parties to arbitrate or mediate their matter and, as such, must be continued in a subsequent session, a rescheduling fee of $155 per party shall apply. Rescheduling fees are only incurred on sessions that are not reserved in advance of the initial mediation or arbitration.


TRI-PANEL (4 OR MORE PARTIES):

Each party is charged a $410 administrative fee. All Tri-panel administrative fees are non-refundable. The administrative fee must be received by NAM prior to scheduling the hearing/conference. This fee includes case administration, coordination, scheduling, document handling, faxing and postage. In addition to the administrative fee, the cost of three Hearing Officers is $1,540 per hour (split equally among all parties). The hourly rate is inclusive of all hearing/conference time and includes any Hearing Officer(s) study, research and decision preparation time. Moreover, if a hearing/conference is continued, the parties will be charged a minimum of one (1) hour of time for each time a hearing/conference is held. Any Tri-Panel arbitration adjourned with at least 7 business days notice to NAM is billable at $565 to the adjourning party when there are 4 parties. For 5 or more parties, any arbitration adjourned with at least 7 business days notice to NAM is calculated as $565 plus $105 for each party in excess of 4 and is billable in total to the adjourning party. Any Tri-Panel arbitration adjourned without 7 business days notice to NAM is billable at $820 to the adjourning party when there are 4 parties. For 5 or more parties, any arbitration adjourned without 7 business days notice to NAM is calculated as $820 plus $105 for each party in excess of 4 and is billable in total to the adjourning party. The adjourning party shall be responsible for $1,540 in the event they adjourn on the day prior to their scheduled hearing/conference plus $105 for each party in excess of 4 and $2,460 plus $105 for each party in excess of 4 should they adjourn on the actual day of their scheduled hearing/conference. In the event the parties have agreed to an ADR proceeding and the case settles or is canceled prior to the hearing/conference date, each party will be responsible for the administrative fees as described above. In the event a case settles or is canceled on the hearing/conference date, the parties are responsible for payment of the administrative fees and the higher of (i) the amount of time reserved for that date or (ii) two hours of conference/hearing time. For cases that cannot be finalized in the time reserved by the parties to arbitrate or mediate their matter and, as such, must be continued in a subsequent session, a rescheduling fee of $260 per party shall apply. Rescheduling fees are only incurred on sessions that are not reserved in advance of the initial mediation or arbitration.


SPECIAL RATE STRUCTURE for DESIGNATED HEARING OFFICERS
ARBITRATION & MEDIATION (LESS THAN 4 PARTIES):

Each party is charged a $410 administrative fee. All administrative fees are non-refundable. This fee includes case administration, coordination, scheduling, document handling, faxing and postage. In addition to the administrative fee, for each hour of Hearing Officer Time, hourly fees of $615 per hour are charged. This fee is split equally among all parties. Hearing Officer Time shall be defined as, but not be limited to, all case review time, study, research, decision preparation time, telephone or verbal conference time, as well as actual hearing/conference time. 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 rosters. As such, the parties 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 $615 per hour will be charged. Moreover, if a hearing/conference is continued, the parties will be charged a minimum of one (1) hour of time for each time a hearing/conference is held.

Any arbitration or mediation adjourned with at least 7 business days notice to NAM is billable at $205 to the adjourning party. Any arbitration or mediation adjourned without 7 business days notice to NAM will be billable at $310 to the adjourning party. For adjournments on the actual hearing date, the adjourning party will be billed $615. 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 parties are responsible for full payment of the administrative fees. In the event the case settles or is canceled on the hearing/conference date, the parties are responsible for full payment of the administrative fees and for the higher of (i) the amount of time reserved for that date or (ii) the minimum number of hours for that specially designated Hearing Officer as reflected on NAM's Hearing Officer roster. For cases that cannot be finalized in the time reserved by the parties to arbitrate or mediate their matter and, as such, must be continued in a subsequent session, a rescheduling fee of $105 per party shall apply. Rescheduling fees are only incurred on sessions that are not reserved in advance of the initial mediation or arbitration.


SPECIAL RATE STRUCTURE for DESIGNATED HEARING OFFICERS
ARBITRATION & MEDIATION (4 OR MORE PARTIES):

Each party is charged a $410 administrative fee. All administrative fees are non-refundable. This fee includes case administration, coordination, scheduling, document handling, faxing and postage. In addition to the administrative fee, for each hour of Hearing Officer Time, hourly fees of $720 per hour are charged. This fee is split equally among all parties. Hearing Officer Time shall be defined as, but not be limited to, all case review time, study, research, decision preparation time, telephone or verbal conference time, as well as actual hearing/conference time. A 30-minute minimum of Hearing Officer study, research and decision preparation time will be billed for every two hours of scheduled mediation/arbitration time. Hourly fees are split equally among all parties 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). 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 rosters. As such, the parties 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 $720 per hour will be charged. Moreover, if a hearing/conference is continued, the parties will be charged a minimum of one (1) hour of time for each time a hearing/conference is held.

Any arbitration adjourned with at least 7 business days notice to NAM is billable at $310 to the adjourning party when there are 4 parties. For 5 or more parties, any arbitration adjourned with at least 7 business days notice to NAM is calculated as $310 plus $105 for each party in excess of 4 and is billable in total to the adjourning party. Any arbitration adjourned without 7 business days notice to NAM is billable at $460 to the adjourning party when there are 4 parties. For 5 or more parties, any arbitration adjourned without 7 business days notice to NAM is calculated as $460 plus $105 for each party in excess of 4 and is billable in total to the adjourning party. An adjournment on the actual hearing date is billable at $720 to the adjourning party when there are 4 parties. For 5 or more parties, the adjournment fee is calculated as $700 plus $105 for each party in excess of 4 and is billable in total to the adjourning party. In the event the parties have agreed to an ADR proceeding and the case settles or is canceled prior to the hearing/conference date, each party will be responsible for the administrative fees as described above. In the event a case settles or is canceled on the hearing/conference date, the parties are responsible for payment of the administrative fees and for the higher of (i) the amount of time reserved for that date or (ii) the minimum number of hours for that specially designated Hearing Officer as reflected on NAM's Hearing Officer roster. For cases that cannot be finalized in the time reserved by the parties to arbitrate or mediate their matter and, as such, must be continued in a subsequent session, a rescheduling fee of $155 per party shall apply. Rescheduling fees are only incurred on sessions that are not reserved in advance of the initial mediation or arbitration.


SPECIAL RATE STRUCTURE for DESIGNATED HEARING OFFICERS
TRI-PANEL (LESS THAN 4 PARTIES):

Each party is charged a $410 administrative fee. All Tri-panel administrative fees are non-refundable. The administrative fee must be received by NAM prior to scheduling the hearing/conference. This fee includes case administration, coordination, scheduling, document handling, faxing and postage. In addition to the administrative fee, the cost of three Hearing Officers is $1,850 per hour (split equally among all parties). The hourly rate is inclusive of all hearing/conference time and includes any Hearing Officer(s) study, research and decision preparation time. 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 rosters. As such, the parties will be charged for the minimum number of hours even if the total time spent by the Hearing Officers 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 $1,850 per hour will be charged. Moreover, if a hearing/conference is continued, the parties will be charged a minimum of one (1) hour of time for each time a hearing/conference is held.

To the extent that the Tri-Panel of Hearing Officers selected for the case are not all Specially Designated Hearing Officers, there is a $105 discount per hour off of the $1,850 hourly fee for each non-Specially Designated Hearing Officer. For instance, if 2 members of the Tri-Panel are NOT specially Designated Hearing Officers, the hourly fee will be $1,640 per hour. To the extent that the Tri-Panel of Hearing Officers selected for the case are not all Specially Designated Hearing Officers or if those that are have different minimum number of hour requirements, the highest minimum number of hours for any of the Specially Designated Hearing Officers will apply to the entire case.

Any Tri-Panel arbitration adjourned with at least 7 business days notice to NAM is billable at $310 to the adjourning party. Any Tri-Panel arbitration adjourned without 7 business days notice to NAM is billable at $460 to the adjourning party. The adjourning party shall be responsible for $720 in the event they adjourn on the day prior to their scheduled hearing/conference and $1,850 should they adjourn on the actual day of their scheduled hearing/conference. In the event the parties have agreed to an ADR proceeding and the case settles or is canceled prior to the hearing/conference date, each party will be responsible for the administrative fees as described above. In the event a case settles or is canceled on the hearing/conference date, the parties are responsible for payment of the administrative fees and for the higher of (i) the amount of time reserved for that date or (ii) the minimum number of hours for the specially designated Hearing Officer as reflected on NAM's Hearing Officer roster (see paragraph above). For cases that cannot be finalized in the time reserved by the parties to arbitrate or mediate their matter and, as such, must be continued in a subsequent session, a rescheduling fee of $155 per party shall apply. Rescheduling fees are only incurred on sessions that are not reserved in advance of the initial mediation or arbitration.


SPECIAL RATE STRUCTURE for DESIGNATED HEARING OFFICERS
TRI-PANEL (4 OR MORE PARTIES):

Each party is charged a $410 administrative fee. All Tri-panel administrative fees are non-refundable. The administrative fee must be received by NAM prior to scheduling the hearing/conference. This fee includes case administration, coordination, scheduling, document handling, faxing and postage. In addition to the administrative fee, the cost of three Hearing Officers is $1,850 per hour (split equally among all parties). The hourly rate is inclusive of all hearing/conference time and includes any Hearing Officer(s) study, research and decision preparation time. 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 rosters. As such, the parties will be charged for the minimum number of hours even if the total time spent by the Hearing Officers 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 $1,850 per hour will be charged. Moreover, if a hearing/conference is continued, the parties will be charged a minimum of one (1) hour of time for each time a hearing/conference is held.

To the extent that the Tri-Panel of Hearing Officers selected for the case are not all Specially Designated Hearing Officers, there is a $105 discount per hour off of the $1,850 hourly fee for each non-Specially Designated Hearing Officer. For instance, if 2 members of the Tri-Panel are NOT specially Designated Hearing Officers, the hourly fee will be $1,640 per hour. To the extent that the Tri-Panel of Hearing Officers selected for the case are not all Specially Designated Hearing Officers or if those that are have different minimum number of hour requirements, the highest minimum number of hours for any of the Specially Designated Hearing Officers will apply to the entire case.

Any Tri-Panel arbitration adjourned with at least 7 business days notice to NAM is billable at $565 to the adjourning party when there are 4 parties. For 5 or more parties, any arbitration adjourned with at least 7 business days notice to NAM is calculated as $565 plus $105 for each party in excess of 4 and is billable in total to the adjourning party. Any Tri-Panel arbitration adjourned without 7 business days notice to NAM is billable at $820 to the adjourning party when there are 4 parties. For 5 or more parties, any arbitration adjourned without 7 business days notice to NAM is calculated as $820 plus $105 for each party in excess of 4 and is billable in total to the adjourning party. The adjourning party shall be responsible for $1,540 in the event they adjourn on the day prior to their scheduled hearing/conference plus $105 for each party in excess of 4 and $2,460 plus $105 for each party in excess of 4 should they adjourn on the actual day of their scheduled hearing/conference. In the event the parties have agreed to an ADR proceeding and the case settles or is canceled prior to the hearing/conference date, each party will be responsible for the administrative fees as described above. In the event a case settles or is cancelled on the hearing/conference date, the parties are responsible for payment of the administrative fees and for the higher of (i) the amount of time reserved for that date or (ii) the minimum number of hours for the specially designated Hearing Officer as reflected on NAM's Hearing Officer roster (see paragraph above). For cases that cannot be finalized in the time reserved by the parties to arbitrate or mediate their matter and, as such, must be continued in a subsequent session, a rescheduling fee of $260 per party shall apply. Rescheduling fees are only incurred on sessions that are not reserved in advance of the initial mediation or arbitration.


Private/Mock Jury Trial:

The following fees for Private/Mock Jury Trials are NOT on a per party basis; they represent fees for the trial. If there is only one party, that party is responsible for all such fees; if there is more than one party, such fees are shared by all parties.

Administrative Fee: $5,135
Cost of Judge: $515 per hour ($615 per hour if a Specially Designated Hearing Officer is selected)
Cost per Juror: $260 per day
Videotaping Fee: $515 per day per conference room
Conference Room Facilities: To be billed at NAM's cost


Any Private/Mock Jury Trial adjourned with at least 7 business days notice to NAM is billable at $4,110 to the adjourning party. Any Private/Mock Jury Trial adjourned without 7 business days notice to NAM will be billable at $7,200 to the adjourning party. In the event a Private/Mock Jury Trial has been agreed to and the case settles or is canceled with at least 7 business days notice, a fee of $4,110 will be billed. In the event a Private/Mock Jury Trial has been agreed to and the case settles or is canceled without 7 business days notice, a fee of $7,200 will be billed.


Videoconferencing:

NAM provides point-to-point videoconferencing. Two videoconference locations are required, either from a NAM office to another NAM office, or between NAM and an outside location.

There is NO CHARGE to the parties to utilize NAM's videoconferencing services in order to participate in a NAM arbitration or mediation. However, to utilize NAM's videoconferencing services without participating in a NAM arbitration or mediation, the cost is $200 per hour plus a one-time fee of $50 as a telephone line charge. Additionally, if NAM is required to dinitiate the call, there will be a phone usage charge of approximately $55 per hour.


Trial Preparation Services:

$565 per hour



PAYMENT TERMS

Administrative fees, advance hearing time reserved and rescheduling fees for continued hearings are due two weeks prior to the hearing date. If a case is scheduled less than two weeks before the hearing date, the fees are due upon receipt of the invoice but in no event later than the hearing date. 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. Fees for adjournments, cancellations, settlements, and hearing time/Hearing Officer study time are due within 10 days of invoice date. 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 4% annually as of July 1st of each year. Hearing Officer travel time (should any be required) is billable to each party at the assigned Hearing Officer's travel time rate.



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