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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