Each day, individual Consumers enter into transactions with businesses for products or services for their personal, family or household use. In many instances, the form agreement relating to the transaction between the business and individual Consumer contains a clause providing for binding Arbitration and/or non-binding Mediation. When a dispute arises between an individual Consumer and a business, NAM (National Arbitration and Mediation) offers dispute resolution services pursuant to NAM’s Comprehensive Dispute Resolution Rules and Procedures and Fee Schedule in effect at the time the claim is filed.
We consider Consumer cases to be those in which the business has a standardized, systematic application of arbitration clauses with customers and there is minimal, if any, negotiation between the parties as to the procedures or other terms of the arbitration clause. A Consumer is defined as an individual who seeks or acquires any goods or services, primarily for personal, family, or household purposes. These standards do not apply to the use of arbitration in resolving disputes arising from commercial transactions between a lender and commercial borrowers or a company and commercial customers or other financial services such as investment and real estate transactions. Nor do they apply if the agreement to arbitrate was negotiated by the individual Consumer and the company.
NAM shall have the sole discretion to determine whether the case constitutes a consumer transaction under NAM’s Comprehensive Dispute Resolution Rules and Procedures.
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