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ARBITRATION AND MEDIATION SCHEDULE

AND FEES

Commercial Arbitration Rules


+ Construction Industry Arbitration Rules and Mediation
Two options:
1. Standard Fee Schedule: A two-payment schedule that provides
for somewhat higher initial filing fees, but lower overall
administrative fees for cases that proceed to a hearing.
2. Flexible Fee Schedule: A three-payment schedule that provides
for lower initial filing fee and then spreads subsequent payments out
over the course of the arbitration. Total administrative fees will be
somewhat higher for cases that proceed to a hearing.

STANDARD FEE SCHEDULE


AMOUNT OF INITIAL FILING FINAL FEE
CLAIM FEE
>$500,000 to $5,000 $6,200
$1,000,000
>$1,000,000 to $7,000 $7,700
$10,000,000
>$10,000,000 $10,000 plus .01% of $12,5000
the claim amount
above $10,000,000 up
to $65,000

The Initial Filing Fee is payable in full by a filing party when a claim,
counterclaim, or additional claim is filed.
The Final Fee will be incurred for all cases that proceed to their first
hearing and is payable in advance at the time the first hearing is scheduled.
Fee modifications: Fees are subject to increase if the claim or
counterclaim is increased after the initial filing date. Fees are subject to
decrease if the claim or counterclaim decreases prior to the first hearing.
Cases with THREE OR MORE ARBITRATORS are subject to a
minimum Initial Filing Fee of $4,000 and a Final Fee of $3,500.
Refunds: Standard Fee Schedule:
1. Initial Filing Fees subject to a $500 minimum non-refundable
Initial Filing Fee for all cases, refunds of Initial Filing Fees for settled
or withdrawn cases will be calculated from the date the AAA receives
the demand for arbitration as follows:
a. Within 5 calendar days of filing 100%
b. Between 6 and 30 calendar days of filing 50%
c. Between 31 and 60 calendar days of filing 25%
However, no refunds will be made once:
1. Any arbitrator has been appointed (including one arbitrator on
a three- arbitrator panel).
2. An award has been rendered.
Final Fees: If a case is settled or witdrawn prior to the first hearing taking
place, all Final Fees paid will be refunded. However, if the AAA is not
notified of a cancellation at least 24 hours before a scheduled hearing date,
the Final fee will remain due and will not be refunded.
FLEXIBLE FEE SCHEDULE
Amount of Initial Filing Proceed Fee Final Fee
claim Fee
>$500,000 to $2,500 $4,300 $6,200
$1,000,000
>$1,000,000 $3,500 $5,700 $7,700
to
$10,000,000
>$10,000,000 $5,000 $9,000 plus $12,500
.01% of the
claim amount
above
$10,000,000 up
to $65,000

The Initial Filing Fee is payable in full by a filing party when a claim,
counterclaim, or additional claim is filed.
The Proceed Fee must be paid within 90 days of the filing of the demand
for arbitration or a counterclaim before the AAA will proceed with the
further administration of the arbitration, including the arbitrator
appointment process.

If a Proceed Fee is not submitted within 90 days of the filing of the


Claimants Demand for Arbitration, the AAA will administratively
close the file and notify all parties.
If the Flexible Fee Schedule is being used for the filing of a
counterclaim, the counterclaim will not be presented to the
arbitrator until the Proceed Fee is paid.
The Final Fee will be incurred for all cases that proceed to their first
hearing and is payable in advance at the time the first hearing is scheduled.

Fee Modifications: Fees are subject to increase if the claim or


counterclaim is increased after the initial filing date. Fees are subject to
decrease if the claim or counterclaim decreases prior to the first hearing.
Cases with Three or More Arbitrators are subject to a minimum
Initial Filing Fee of $2,000, a $3,000 Proceed Fee and a Final Fee of
$3,500. RefundsFlexible Fee Schedule: Under the Flexible Fee Schedule,
Filing Fees and Proceed Fees are non-refundable once incurred. Final
Fees: If a case is settled or withdrawn prior to the first hearing taking place,
all Final Fees paid will be refunded. However, if the AAA is not notified of
a cancellation at least 24 hours before a scheduled hearing date, the Final
Fee will remain due and will not be refunded.
Arbitrators
(a) Large, complex commercial cases shall be heard and determined by
either one or three arbitrators, as may be agreed upon by the parties. With
the exception in paragraph (b) below, if the parties are unable to agree
upon the number of arbitrators and a claim or counterclaim involves at
least $1,000,000, then three arbitrator(s) shall hear and determine the
case. If the parties are unable to agree on the number of arbitrators and
each claim and counterclaim is less than $1,000,000, then one arbitrator
shall hear and determine the case.
(b) In cases involving the financial hardship of a party or other
circumstance, the AAA at its discretion may require that only one
arbitrator hear and determine the case, irrespective of the size of the claim
involved in the dispute.
(c) The AAA shall appoint arbitrator(s) as agreed by the parties. If they are
unable to agree on a method of appointment, the AAA shall appoint
arbitrators from the Large, Complex Commercial Case Panel, in the
manner provided in the regular Commercial Arbitration Rules. Absent
agreement of the parties, the arbitrator(s) shall not have served as the
mediator in the mediation phase of the instant proceeding.
Management of Proceedings
(a) The arbitrator shall take such steps as deemed necessary or desirable
to avoid delay and to achieve a fair, speedy and cost-effective resolution of
a Large, Complex Commercial Dispute.
(b) As promptly as practicable after the selection of the arbitrator(s), a
preliminary hearing shall be scheduled in accordance with sections P-1
and P-2 of these rules.
(c) The parties shall exchange copies of all exhibits they intend to submit
at the hearing at least 10 calendar days prior to the hearing unless the
arbitrator(s) determines otherwise.
(d) The parties and the arbitrator(s) shall address issues pertaining to the
pre-hearing exchange and production of information in accordance with
rule R-22 of the AAA Commercial Rules, and the arbitrators
determinations on such issues shall be included within the Scheduling and
Procedure Order.
(e) The arbitrator, or any single member of the arbitration tribunal, shall
be authorized to resolve any disputes concerning the pre-hearing exchange
and production of documents and information by any reasonable means
within his discretion, including, without limitation, the issuance of orders
set forth in rules R-22 and R-23 of the AAA Commercial Rules.
(f) In exceptional cases, at the discretion of the arbitrator, upon good cause
shown and consistent with the expedited nature of arbitration, the
arbitrator may order depositions to obtain the testimony of a person who
may possess information determined by the arbitrator to be relevant and
material to the outcome of the case. The arbitrator may allocate the cost of
taking such a deposition.
(g) Generally, hearings will be scheduled on consecutive days or in blocks
of consecutive days in order to maximize efficiency and minimize costs.
MediationAdministrative Fee Schedules

A $250 non-refundable deposit, which will be applied


toward the cost of mediation, is required to initiate the AAAs
administration of the mediation and appointment of the mediator.
The cost of mediation is based on the hourly or daily mediation rate
published on the mediators AAA profile. In addition, the parties will
be assessed an administrative fee for the AAAs services of $75 for
each hour charged by the mediator. There is a four-hour or one-half
day minimum charge for a mediation conference.
If a matter submitted for mediation is withdrawn or cancelled or
results in a settlement after the request to initiate mediation is filed
but prior to the mediation conference, the cost is $250 (to which
the deposit will be applied), plus any mediator time and charges
incurred. These costs shall be borne by the initiating party unless
the parties agree otherwise.

Consumer Arbitration Rules


Party Desk In-Person In-Person
Arbitration or or
Telephonic Telephonic-
Hearing Three or
Single More
Arbitrator Arbitrators
CONSUME Filling Fee- Filing Fee - Filing Fee -
R $200 (non- $200 (non- $200 non-
refundable) refundable) refundable

Business Filing Fee - Filing Fee- Filing Fee -


$1,700 $1,700 $2,200
Arbitrator Hearing Fee - Hearing Fee -
Compensation $500 $500
- $750 per case Arbitrator Arbitrator
Compensatio Compensatio
n - $1,500 per n - $1,500 per
hearing day
hearing day
per arbitrator

(i) Filing Fees


In cases before a single arbitrator, a nonrefundable filing
fee capped in the amount of $200 is payable in full by
the consumer when a case is filed, unless the parties
agreement provides that the consumer pay less. A
partially refundable fee in the amount of $1,700 is
payable in full by the business, unless the parties
agreement provides that the business pay more. This fee
is due from the business once the consumer has met the
filing requirements.
In cases before three or more arbitrators, a
nonrefundable filing fee capped in the amount of $200
is payable in full by the consumer when a case is filed,
unless the parties agreement provides that the
consumer pay less. A partially refundable fee in the
amount of $2,200 is payable in full by the business,
unless the parties agreement provides that the business
pay more. This fee is due from the business once the
consumer has met the filing requirements.
There shall be no filing fee charged for a counterclaim. The AAA
reserves the right to assess additional administrative fees for services
performed by the AAA beyond those provided for in these Rules and which
may be required by the parties agreement or stipulation.

Labor Arbitration Rules


Full Service Administrative Fee is $275 for each party, due and payable at
the time of filing. No refund of the initial fee is made when a matter is
withdrawn or settled after the filing of the demand for arbitration or
submission.
Expedited Administrative Fee
The initial administrative fee is $150 for each party, due and payable at the
time of filing. No refund of the initial fee is made when a matter is
withdrawn or settled after the filing of the demand for arbitration or
submission.
An additional fee of $25.00 for each party shall apply if a list of arbitrators
is requested.

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