Rules Updates

Notice to Users of AAA's Grievance Mediation Procedures

February 1, 2010 - New procedures will take effect. See below for the summary of changes and affected rules.

• Summary of Changes for Grievance Mediation Procedures
• Grievance Mediation Procedures

Notice to Users of the following AAA Arbitration Rules:

January 1, 2010--The AAA continues to offer options to help reduce the cost of alternative dispute resolution (ADR), namely tools such as mediation and the AAA's Pilot Flexible Fee Schedule (FFS). With the AAA's FFS, parties are afforded lower upfront filing fees and reduced overall costs if disputes are resolved before arbitrator appointment.

However, please note that fees associated with cases arbitrated in the traditional manner under the AAA's Standard Fee Schedule will be increasing as of January 1, 2010. Fees on cases that do not use the Standard Fee Schedule, excluding Labor, State Insurance and select other case types, also will be increasing modestly. The effective dates of the underlying AAA Rules will remain the same, but the effective date of the fee schedules associated with the following Rules is now January 1, 2010.

Following is a list of Rules affected. Please see the new Fee Schedules associated with each set of Rules for details.

• Commercial Arbitration Rules and Mediation Procedures
• Commercial Finance Rules
• Construction IDM Procedures
• Construction Industry Arbitration Rules
• Consumer Arbitration Costs
• Consumer-Related Disputes Supplementary Procedures
• Dispute Review Board
• Early Neutral Evaluation: Getting an Expert's Assessment
• Employee Benefit Plan Claims Arbitration
• Employment Non-Binding Arbitration Rules
• Employment Arbitration Rules and Mediation Procedures
• Fact Finding: An Independent Third Party Investigation
• Home Construction Arbitration Rules and Mediation Procedures
• Insurance Arbitration Rules and Mediation Procedures
• International Dispute Resolution Procedures Arbitration Rules
• Internet Domain Name Disputes
• Mini-Trial Procedures
• Nexus Disputes Supplementary Rules
• Non-Binding Arbitration Rules for Consumer Disputes and Business Disputes
• Professional Accounting and Related Services Dispute Resolution Rules
• Real Estate Arbitration Rules
• Resolution of Intra-Industry U.S. Re-insurance and Insurance Disputes
• Supplementary Rules for Class Arbitration
• Wills and Trusts Arbitration Rules
• Wireless Industry Arbitration Rules

Notice to the users of the AAA Employment Arbitration Rules and Mediation Procedures:

November 1, 2009 --The American Arbitration Association is pleased to announce that it has revised its Employment Arbitration Rules and Mediation Procedures. These Rules will be effective on November 1, 2009. The Rules and a Summary of Significant Changes is available for customers' convenience.

• Summary of Changes: Employment Arbitration Rules and Mediation Procedures
• Employment Arbitration Rules and Mediation Procedures, Amended and Effective November 1, 2009

Notice to the users of the AAA Construction Industry Arbitration Rules and Mediation Procedures:

October 1, 2009 --The American Arbitration Association is pleased to announce that it has revised its Construction Industry Arbitration Rules and Mediation Procedures. These Rules will be effective on October 1, 2009. The Rules and a Summary of Significant Changes is available for customers' convenience.

• Summary of Significant Changes
• Construction Industry Arbitration Rules and Mediation Procedures

Notice to Users of the following AAA Arbitration Rules and Mediation Procedures:

June 1, 2009-The Rules listed below now offer two fee schedules under which AAA users may file cases: a new Pilot Flexible Fee Schedule as well as the AAA Standard Fee Schedule. Parties to a case can both file under the Flexible Fee Schedule, both can use the Standard Fee Schedule or they may each opt to use different Fee Schedules.

Below is a list of AAA Rules where both Fee Schedules are available.

The Following Commercial Rules:

• Commercial Arbitration Rules and Mediation Procedures (excluding consumer cases)
• Commercial Finance Rules
• Professional Accounting and Related Services Dispute Resolution Rules
• Wills and Trusts Arbitration Rules
• Wireless Industry Arbitration Rules

Additional Rules:

• Construction Industry Arbitration Rules and Mediation Procedures
• Real Estate Arbitration Rules, Securities Arbitration Supplementary Procedures
• Employment Arbitration Rules and Mediation Procedures (for individual negotiated contracts)
• International Dispute Resolution Procedures Including Mediation and Arbitration Rules

Responding to the current economic climate and AAA customers' needs, the new Pilot Flexible Fee Schedule, available on cases filed through May 30, 2010, differs from the Standard Fee Schedule as follows:

• The Initial Filing Fee is lower under the new Flexible Fee Schedule as compared with the AAA's Standard Fee Schedule.
• After payment of the Initial Filing Fee, the Flexible Fee Schedule, like the Standard Fee Schedule, offers parties an opportunity to file an Answer or a Counterclaim. But the Flexible Fee Schedule provides an opportunity for parties to consider mutual appointment of one or more arbitrators.
• Following payment of the Proceed Fee in the Flexible Fee Schedule, the arbitrator selection process begins and, once the arbitrator(s) is/are appointed, case and claim information are provided to the neutral(s) in order to proceed with hearings.
• With the Flexible Fee Schedule, parties who mutually select and appoint their own arbitrator(s) to a case pay a Proceed Fee that is fifty percent (50%) lower than the regular Proceed Fee. The AAA can make the appropriate forms available to the parties and arbitrators in order to help in implementing appointments.
• And, finally, with the Flexible Fee Schedule, the first hearing is held once the Final Fee is paid.
• Under the Standard Fee Schedule, with payment of the Initial Filing Fee, the case proceeds until the hearing, when the Case Service Fee is paid.

There is no refund schedule under the Pilot Flexible Fee Schedule. The AAA's abeyance fee applies to both fee schedules.

And, finally, there is an additional modification to the Wireless Industry Arbitration Rules:  Fast Track Procedures are now referred to as Expedited Procedures and are applied in any case where no disclosed claim or counterclaim exceeds $75,000, exclusive of interests and arbitration costs.

To file a case using either Fee Schedule, please access the AAA's new filing forms via the links below.

• Commercial Demand Form
• Commercial Submission Form

• Construction Demand Form

• Employment Demand for Arbitration (CA)
• Employment Request for Arbitration

• International Notice of Arbitration
• International Submission to Dispute Resolution

• Answering Statement and Counterclaim Request

Notice to Users of the AAA Supplementary Procedures for the Arbitration of Anti-Doping Rules Violations (formerly AAA Supplementary Procedures for the Arbitration of Olympic Sport Doping Disputes)

May 1, 2009. Changes were made to the Supplementary Procedures to ensure greater consistency and application of the procedural framework for these cases. The title change better suits the description of cases filed under these Procedures.  Rule changes were made to clarify further administrative issues and the arbitrator's authority.  Finally, some rules simply were removed because they did not apply to cases administered under these Procedures. 

• Summary

Notice to Users of AAA Non-Binding Resolution Services

April 15, 2009 -- AAA Non-Binding Arbitration Rules have been developed for users with business and consumer disputes as well as for those with employee and employer disputes. The AAA's Non-Binding Arbitration Rules offer parties seeking settlement a means of resolving their cases using the procedural process of arbitration, with an informal hearing on the merits of the dispute, but without the finality of a binding decision.

• Non-Binding Resolution Services for Businesses and Consumers
• Non-Binding Arbitration Rules for Consumer Disputes and Business Disputes

• Non-Binding Resolution Services for Employers and Employees
• Employment Non-Binding Arbitration Rules

Notice to Users of AAA Construction Services

January 1, 2009 -- New Procedures to assist parties to a construction contract in selecting an Initial Decision Maker (IDM) will take effect.

• Construction Industry Initial Decision Maker (IDM) Procedures

Notice of Changes to the AAA's Pension Arbitration Rules: Comments Requested

The AAA is about to consider changes to the following pension-related arbitration rules:

(1) Employee Benefit Plan Claims Arbitration Rules;
(2) Impartial Umpire Rules for the Arbitration of Impasses Between Trustees of Joint Employee Benefit Trust Funds;
(3) Multi-Employer Pension Plan Arbitration Rules for Withdrawal Liability Disputes.

If you would like to suggest changes to any or all of these rules, please send them to Neil Currie, Vice President, American Arbitration Association, 725 S. Figueroa Street, Suite 2400, Los Angeles, CA 90017; or you can fax them to his attention at 213/622-6199. You can also email him at CurrieN@adr.org. The deadline for suggesting changes is February 28, 2009.

Notice to Users of AAA's Mediation Procedures

March 1, 2008 -- New procedures, inclusive of the removal of mediation filing fees, will take effect.

• International Dispute Resolution Procedures: English
  
  

Notice to User AAA Insurance Arbitration Rules and Mediation Procedures

February 1, 2008 - New rules and procedures to assist in resolving disputes related to insurance will take effect.

• Summary
• Insurance Arbitration Rules and Mediation Procedures
  

Notice to Users of AAA's Mediation Procedures

September 1, 2007 -- New procedures, inclusive of the removal of mediation filing fees, will take effect. See below for the summary of changes and affected rules.

• Summary of Changes
• Commercial Arbitration Rules and Mediation Procedures
• Construction Industry Arbitration Rules and Mediation Procedures
• Grievance Mediation Procedures
• International Dispute Resolution Procedures: English
• Professional Accounting and Related Services Dispute Resolution Procedures
• Real Estate Industry Arbitration Rules and Mediation Procedures

Notice to Users of AAA Medicare Demonstration Project Rules

August, 2007 -- New Medicare rules, which will resolve disputes related to home health services, will take effect.

• Summary
• AAA Medicare Demonstration Project Rules

Notice to Users of AAA's Labor Arbitration Rules

August 1, 2007 -- As of August 1, 2007, the new fees in the AAA's Labor Arbitration Rules (including Expedited Labor Rules) will take effect.

• Summary of Changes
• Labor Arbitration Rules (including Expedited Labor Rules)
  

Notice to Users of AAA's Construction and Residential Construction Rules

June 1, 2007 -- The AAA's new Home Construction Arbitration Rules and Mediation Procedures have been put in place to better address issues and disputes between builders and home owners. These Rules do not replace or affect the AAA's Construction Arbitration Rules and Mediation Procedures, but do replace the AAA's Residential Construction Disputes Supplementary Procedures, which have been archived (note: the AAA will, however, continue to administer cases from agreements that previously named the Residential Construction Procedures). The new Home Construction Rules incorporate the principles of the Consumer Due Process Protocol, a set of principles which establish clear benchmarks for conflict resolution processes involving consumers.

Overview

• Rules are designed specifically for home construction disputes.
• Neutrals serving in these disputes are construction and real estate law experts.
• Claims filed by homeowner signatories to the contract, for purpose of the arbitration, are considered one claimant or one counterclaimant.
• The AAA offers fast, convenient online claim filing through our AAA WebFile® service. In addition to filing claims, clients can make payments, perform online case management, access rules and procedures, electronically transfer documents, select Neutrals, use a case-customized message board and check the status of their case.
• Rules also include a glossary, a checklist for preparing for a mediation or preparing for an arbitration, a checklist for filing your demand for arbitration and useful tips for both mediation and arbitration.

Mediation

There is no filing fee to initiate a mediation or a fee to request the AAA to invite parties to mediate.

Arbitration

• Rules provide the parties with a hearing by an impartial arbitrator who will make a ruling (award) that is binding.
• Claims and counterclaims are divided into Levels so that the process can fit the size of the claim--saving time and money for all concerned.

-Level 1 Disputes -- No claim or counterclaim exceeds $10,000. For Level 1 disputes, either party can opt to file their claim in Small Claims Court if the claim or counterclaim is within the jurisdictional limits of such court.

-Level 2 Disputes -- Claims or counterclaims are greater than $10,000 but not more than $75,000.

-Level 3 Disputes -- Claims or counterclaims are greater than $75,000 or are non-monetary.

• Varied arbitration options-- including documents only hearings, telephone and in-person hearings-- are available.

Home Construction Arbitration Rules and Mediation Procedures

Notice to User's of AAA's National Rules for the Resolution of Employment Disputes (Including Mediation and Arbitration Rules)

June 1, 2006 -- As of July 1, 2006, a new version of the AAA's National Rules for the Resolution of Employment Disputes (Including Mediation and Arbitration Rules) will take effect.

Employment Arbitration Rules and Mediation Procedures

Bulletin to Arbitrators

June 1, 2006 -- The Oklahoma Uniform Arbitration Act was changed effective January 1, 2006. Section 1870(c) of the Oklahoma Arbitration Act now requires an arbitrator to "support his or her decision by likewise rendering findings of fact and conclusions of law. Please visit Oklahoma State's Legislature website for more information.

Citations to State ADR Statutes

Notice to User's of the ICDR's International Dispute Resolution Procedures (Including Mediation and Arbitration Rules)

April 19, 2006 -- As of May 1, 2006, a new version of the ICDR's International Dispute Resolution Procedures (Including Mediation and Arbitration Rules) will take effect. The Spanish translation of this updated document will be available soon thereafter.

In summary, Parties to arbitration under ICDR Rules will now have access to interim measures of protection on an emergency basis under article 37 of the Rules.

Summary of Changes

International Dispute Resolution Procedures (Including Mediation and Arbitration Rules)

Notice to Users of AAA's Supplementary Rules for the Resolution of Patent Disputes

December 15, 2005 -- As of January 1, 2006, a new version of the AAA's Supplementary Rules for the Resolution of Patent Disputes will take effect.

AAA's Supplementary Rules for the Resolution of Patent Disputes

Notice to Users of AAA's Labor Arbitration Rules

June 25, 2005 -- As of July 1, 2005, a new version of the AAA's Labor Arbitration Rules (including Expedited Labor Rules) will take effect.

Summary of Changes

Labor Arbitration Rules (including Expedited Labor Rules)

Notice to Users of AAA's Commercial Rules

February 1, 2005 -- If you have recently received a printed version of the AAA's Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) you will note that the graphic look of these booklets has been recently upgraded. A small number of these booklets were misprinted with an amended and effective date of November 2004, which was the date the new format was introduced. These rules are identical to the previous version and should read "Amended and Effective July 1, 2003."

AAA's Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes)

Consumer Arbitrations: Notice to Consumers and Businesses

The American Arbitration Association's policy on consumer arbitration is guided by the state of existing law, as well as its obligation to act in an impartial manner. The Association supports the principles of the Consumer Due Process Protocol. If the Association determines that, in a case with a claim under $75,000, a dispute resolution clause on its face, substantially and materially deviates from the minimum due process standards of this Protocol, the Association may decline to administer cases arising under this clause. As this area of the law is still developing, issues that are not clearly substantial and material deviations will be presented to the arbitrator for determination.

If a business intends to use the arbitration services of the Association in a predispute arbitration clause that involves consumers, it shall, at least thirty (30) days before the planned effective date of the clause (1) notify the Association of its intention to do so; and (2) provide the Association with a copy of the clause. Copies of the clause should be mailed to Plan Review, Central Case Management Center, 13455 Noel Road, Suite 1750, Dallas, TX 75240. If a business does not comply with this requirement, the Association reserves the right to decline its administrative services.

All cases involving a consumer where the claim is under $10,000 will be administered under the Consumer Rules and the fee schedule for those rules, without regard to the rules or fees that may be incorporated in the arbitration clause.

Consumer Due Process Protocol