Employment and Consumer Mass Arbitration Filings
Context
When large groups of claimants (i.e., consumers or employees) file arbitration demands pursuant to mandatory Employment and/or Consumer arbitration provisions in their underlying contractual agreements, the resulting filing fees can be substantial and create challenges for all parties involved in the dispute resolution process.
NAM’s Innovative Approach
With this industry challenge in mind, and after receiving feedback from both the claimants and defense bars in these types of matters, NAM has developed a unique structure for mass arbitration filings that prevents significant filing fees from becoming an impediment to the administration of the arbitration.
Key elements of NAM’s approach include the following:
- Significantly reduced administrative fees;
- Ability for parties to defer certain up-front filings fees;
- Fees are tied to the occurrence of specific administrative events (i.e., claim filing, panel preparation, scheduling of the hearing) and payable only if the matter reaches that phase of the administration;
- Supplemental Rules that allow parties to request the appointment of a Procedural Arbitrator to determine a limited scope of issues across multiple claims (rather than on a claim-by-claim basis) prior to the appointment of individual Arbitrators for each case / Supplemental Rules for Mass Arbitration Filings; and
- An optional public Clause Registry providing increased transparency to Consumer arbitration provisions that have been formally reviewed by NAM and deemed to meet NAM’s Minimum Standards of Procedural Fairness.
For questions and further information on NAM’s Mass Arbitration Filing fee structure, please contact Veronica C. Maceira, Esq., Director of Client Solutions, at vmaceira@namadr.com or call (212) 404-4678.
About NAM
NAM has been providing Alternative Dispute Resolution (ADR) services, inclusive of arbitration and mediation, throughout the United States and internationally for nearly 30 years.
- NAM works with more than 10,000 commercial entities, including more than 50 percent of the Fortune 100
- Deep experience in Employment and Consumer arbitration programs
- A proven neutral panel (2,600+ top-tier retired judges and legal practitioners) trusted by both claimants and defendants
- Services offered through a full range of virtual, in-person and hybrid forums
- Market leading case management and workflow technology
Listen to an ABA Dispute Resolution Podcast with NAM arbitrator/mediator, Hon. John P. DiBlasi, J.S.C. (Ret.) about Mass Arbitration Filings
In the wake of several recent high-profile arbitrations, the subject of mass arbitration filings in the Employment and Consumer arenas continues to draw significant attention and media coverage. Judge DiBlasi was recently interviewed by the American Bar Association’s Dispute Resolution Section where he addressed this subject and much more. To listen to the ABA podcast, please click below:
Maximizing the Benefits of Arbitration in the Aftermath of Mass Filings
For more information regarding arbitration in Consumer Transactions click here.
For more information regarding arbitration in Employment matters click here.