Consumer Arbitration Resources

Arbitration is a process used to resolve disputes without going to court. Instead of having a judge or jury decide the case, the parties present their arguments and evidence to a neutral third party called an arbitrator. The arbitrator then makes a decision about the dispute.

Unlike a court case, arbitration takes place in a private setting and usually follows less formal procedures. It is often used when a contract contains an arbitration clause requiring the parties to resolve disputes through arbitration rather than through the court system.

In a lawsuit, a judge or jury decides the outcome of the case. In arbitration, that role is performed by the arbitrator. The arbitrator’s decision is usually binding, which means the parties are required to follow it.

National Arbitration and Mediation (NAM) is an administrator of arbitration proceedings. Arbitration administrators are responsible for managing the arbitration process, providing the arbitrator with the case file, and helping parties navigate procedural requirements. NAM has Rules and Procedures that set forth filing requirements, deadlines, forms, hearing procedures, and other administrative aspects of a case.

Please do not contact NAM if you are trying to contact the company regarding a customer complaint or account inquiry.  NAM IS NOT CUSTOMER SERVICE- PLEASE DIRECT ALL SUCH INQUIRIES TO THE COMPANY.

As an administrator, NAM’s role is neutral and thus, NAM cannot act as an attorney for either side.  NAM cannot provide legal advice, representation, evaluations of the merits of your case, determine whether you have a valid legal claim, or recommend a particular course of action.

Our goal is to assist the parties and the arbitrator through the arbitration process. If you have questions about your legal rights, defenses, claims, or strategy, you may wish to consult with a licensed attorney.

Check your contract/terms of use, etc. to see if you are required to arbitrate your dispute and if the contract/terms of use specify the arbitrator administrator. Your contract may also require you to complete/comply with certain steps before filing for arbitration.

• Initiation of Arbitration
  • The Arbitration process begins when NAM receives and accepts for filing a complete Demand for Arbitration, together with the required filing fee, proof of service (proof that the Demand was sent to the other side), a copy of the applicable contract requiring arbitration and any other certifications or requirements provided for in the contract.
  • Once the Arbitration Demand has been accepted for filing, NAM will send an initiation letter to all parties containing the case ID number and the assigned NAM case manager. This also starts the timeline for the Respondent to submit their response and pay any administrative and case management fees, if applicable.
• Arbitrator Selection Process
  • At the appropriate time, NAM will send the parties a panel of potential arbitrators with instructions as to how the selection process will work.
  • Based on the results of the selection process, NAM will determine and appoint the arbitrator after conducting a conflicts-check. NAM will notify the parties of the appointment of the arbitrator.
• Pre-Hearing Conference
  • After appointment, the arbitrator typically schedules an initial pre-hearing conference with the parties, often conducted by phone or video.
  • This conference allows the parties to discuss the case, procedural issues, discovery and motion practice, and any preliminary concerns with the arbitrator.
  • The arbitrator will typically issue a scheduling order outlining deadlines and instructions for how the case will proceed.
• Discovery/Document Exchange
  • The parties exchange relevant documents and information according to the schedule and instructions set by the arbitrator.
• Arbitration Hearing
  • The parties present their arguments, evidence, and witnesses (if applicable) to the arbitrator.
  • The hearing is less formal than a court trial but follows an organized procedure.
• Decision Issued
  • After reviewing all submissions and hearing presentations, the arbitrator issues a written decision (award).
  • Once all outstanding fees are paid, NAM provides the final decision to the parties and the case will be closed.

Can the NAM case manager provide legal advice or help me figure out if I have a valid claim?

No. NAM case managers cannot provide legal advice, evaluate the merits of a claim, determine whether you have a valid legal claim, or advise you on how you should proceed.

Can the NAM case manager contact a company on my behalf?

No. Case managers cannot contact a company on your behalf.

NAM is an independent and neutral alternative dispute resolution organization. The designation of NAM as an arbitration administrator/provider does not create an affiliation, partnership, or agency relationship between NAM and that company.

NAM is NOT a customer service representative for any party and cannot assist with inquiries, complaints, requests or communications with a company outside of the arbitration process. If you need to contact a company regarding your dispute, you must do so directly or through your legal representative. NAM should only be contacted if/when you are ready to proceed with the filing of an arbitration.

Can the NAM case manager answer questions about the arbitration process?

Yes. NAM case managers can provide information about the arbitration process and procedures, filing requirements, deadlines, forms, hearing logistics, and other administrative aspects of a case. NAM case managers cannot provide legal advice or represent either party.

Can I settle my dispute prior to the arbitration hearing?

Yes. Parties may reach a resolution or settlement at any time during the arbitration process. If a resolution or settlement is reached, the parties should notify NAM so the case can be closed.

1. Complete and sign the NAM Demand for Arbitration form
2. Send a copy of the completed signed Demand form and any attachments to the Respondent/business by messenger service, overnight delivery service by a nationally recognized courier company, or by certified mail. The party must obtain a record of the sending thereof. If the underlying agreement allows for service of Arbitration filings via a previously designated email address that may also be acceptable.
3. Send a copy of your Demand packet to NAM for filing. The new filing can be emailed directly to commercial@namadr.com
   • The Demand must include the following items:
     • a copy of the written contract which states that Arbitration through NAM can be used to resolve the dispute;
     • proof of service of the Demand for Arbitration to the Respondent
     • any other certifications or requirements provided in the underlying contract;
     • the Arbitration Filing Fee, if any, required to be filed in accordance with the applicable NAM Fee Sheet. After you receive an invoice, you can make a payment over the phone, by contacting our accounting department at 800-358-2550, EXT. 165, or to pay by credit card, please click here.
4. The Arbitration will be filed/commenced when NAM notifies the Claimant and Respondent that the Demand for Arbitration has been accepted for filing and the arbitration proceeding has commenced.