- Arbitration Agreement - any written agreement between the parties
to resolve a dispute, claim or controversy through binding Arbitration.
- Arbitration Hearing - any proceeding in which disputes, claims or
controversies are resolved, including:
- In-Person/Oral Arbitration Hearing - any proceeding in which an Arbitrator entertains oral testimony or arguments
and reviews documents and evidence to render an award or judgment. The hearing may be conducted in-person or via telephone.
- Arbitration based on Written Submissions - any proceeding in which the Arbitrator reviews documents, evidence or
property and bases his or her decision solely on the documentary evidence presented to him or her.
- Arbitration Notice - a written notice which the Claimant files and
serves upon the Respondent to initiate the claim and request Arbitration. Also referred to
as a Demand For Arbitration.
- Arbitrator - an individual conducting Arbitration Hearings.
- Award - any binding award issued by an Arbitrator establishing the
final rights and obligations of the parties. A judgment may be entered for enforcement in a
public court pursuant to the rules of the relevant jurisdiction for enforcement of arbitral
- Claim - any claim seeking a remedy or relief submitted by one party
against other parties including an initial claim, counter or cross claim.
- Claimant - any party initiating an Arbitration or Mediation and
making a Claim under these Rules and Procedures.
- Consumer - an individual who purchases, seeks or acquires good or
services for personal, family or household use.
- Deposition - testimony under oath, especially a statement by a
witness that is written down or recorded for use in legal proceedings at a later time.
- Discovery - the compulsory disclosure of pertinent facts or
documents to the opposing party in a legal proceeding.
- Document - any writing or data compilation containing evidential
information such as facts, opinions, statements, reasons, descriptions, legal arguments or
any other information in any form such as an agreement, record, correspondence, tape, disk,
request, notice, affidavit, memorandum or other writing. Documents shall include, but not be
limited to, all written notifications and communications, pleadings, reports, photographs,
bills, receipts, invoices, records maintained in the ordinary course of business, medical
reports, contracts and any other written documents.
- Fee Schedule - the then current Fee Schedule in effect at the time
of the filing of the claim which is subject to NAM's Comprehensive Dispute Resolution Rules
and Procedures and is made a part of these Rules and incorporated by reference herein.
- Comprehensive Dispute Resolution Rules and Procedures - the rules
and procedures administered by NAM to assist parties to resolve disputes that may arise.
- Interim Order - any order providing temporary or preliminary
relief pending a final Award.
- Interrogatory - a formal or written question asked to a witness,
usually requiring an answer under oath.
- Mediation - a non-binding settlement conference. Mediation sessions
are only binding where an agreement is reached. Documentary evidence may be used by the
parties and submitted to the Hearing Officer to facilitate negotiations.
- Mediator - an individual conducting a Mediation Conference.
- Mediation Agreement - any written agreement between the parties
to resolve a dispute, claim or controversy through non-binding Mediation.
- Mediation Conference - a non-binding settlement proceeding in
which each party is given an opportunity to describe the facts of the case and explain its
position to a Mediator who in turn meets privately with each side to evaluate their respective
cases and to discuss potential settlement figures with a view toward guiding the parties to
the settlement of their dispute. The hearing may be conducted in-person or via telephone.
- Mediation Notice - a written notice which the Claimant files and
serves upon the Respondent to initiate the claim and request Mediation. Also referred to as
a Request For Mediation.
- NAM - the administrator of the Comprehensive Dispute Resolution
Rules and Procedures, headquartered at 990 Stewart Avenue, First Floor, Garden City, NY 11530;
telephone # is 800-358-2550.
- NAM Administrator - the individual or individuals appointed by
NAM to administer NAM's Comprehensive Dispute Resolution Rules and Procedures. Unless
specifically directed to do so by the NAM Administrator or the Arbitrator(s)/Mediator, all
communications among the parties and NAM, whether verbal or written, should be addressed to
the NAM Administrator at 990 Stewart Avenue, First Floor, Garden City, NY 11530 and not
directly to the Arbitrator(s)/Mediator. The NAM Administrator may, in his or her discretion,
appoint a NAM employee or employees to assist in the administration of a claim submitted to NAM.
- Order - any order issued by an Arbitrator establishing specific
rights and obligations of the parties.
- Party - any individual or entity who makes a claim or against whom
a claim is made, including Claimants and Respondents.
- Reasoned Decision - an Award (as defined in E above) which
also includes the written findings of fact, conclusions of law or reasons for the Award.
- Reply - a written response by the Respondent to an Arbitration
Notice filed by the Claimant.
- Representative - any individual, including an attorney, who
represents a party in an Arbitration or Mediation.
- Respondent - any party against whom a claim is made.
- Sanctions - may include the dismissal of the claim or counter-claim,
preclusion of evidence, admission of facts, payment of fees, costs or attorney's fees or the
granting of an award. The Arbitrator may impose sanctions against a party, a representative or both.
- Service - the methods of delivery specified in Rule No. 11 by
which a party may deliver an Arbitration Notice or Reply, or any other documents or written
communications to another party or to the NAM Administrator.
- Signature or Signed - A mark or symbol intended as an
attestation, produced by reliable means, intended as a signature.
- Witness - an individual who may or may not be a party, who will
appear at an Arbitration hearing and give sworn testimony regarding the dispute, claim or
- Written Submissions - the legal memorandum, position paper, case
law, deposition transcript, witness statements, expert reports, photographs, bills, receipts,
invoices, or any other written documentary evidence submitted by a party in support of its position.
I would like more information