FORUM Arbitration Fees

Factors that Affect the Cost of Arbitration

The cost of arbitration is affected by a number of different factors, which include:

The program and rule set that govern the arbitration
Whether the party is the Claimant or the Respondent in the case
Whether the party is an individual or a business
The value of the case
The terms of the arbitration agreement
The type of hearing requested
The number of arbitrators requested
The number and type of additional requests made

The Primary Arbitration Fees

Under the National Arbitration Forum fee model, there are three main fees that are derived from the size of the arbitration claim. These fees are:

Filing Fee: The fee paid by the Claimant for filing a Claim.
Commencement Fee: The fee assessed when the arbitration is commenced, see Rule 10B.
Administrative Fee: The fee assessed by the FORUM for its case work and the fee for a Document Hearing.

Other fees may apply in the instance that you file a request for something like a participatory hearing or expedited relief.

Rules About Consumer Fees

Certain provisions of the FORUM Fee Schedule further define the fees that consumers are required to pay. For instance, a consumer who files an arbitration claim must pay the filing fee and one-half of the fee for a participatory hearing selected by the consumer up to a total of $250, unless otherwise provided by agreement of the Parties or by applicable law. The business, who is the respondent, pays the commencement and administrative fees and all or part of the fee for a participatory hearing, depending on who selects it.

A consumer who responds to an arbitration claim must pay one-half of the fee for a participatory hearing if selected by the consumer Respondent up to a maximum of $250, unless otherwise provided by agreement of the parties or by applicable law. The business, who is the Claimant, pays the amount of the participatory hearing fee that remains unpaid after the consumer Respondent has paid the consumer’s portion of the participatory hearing fee.

Consumer Fee Scenarios

These cost estimates were drawn up based on the National Arbitration Forum Fee Schedule, and do not take into account instances where the arbitration agreement between the parties addresses fees.

Here are four examples involving consumer fees.

Scenario 1: Consumer files a claim for $1,500 or less against a business and the consumer requests a document hearing.

Consumer pays only the $19 filing fee (unless the arbitration agreement calls for the business to pay the consumer’s filing fee or the consumer obtains a Rule 45 fee waiver, in which case the consumer would pay less or nothing at all).

Scenario 2: Consumer files a claim for $1,500 or less against a business and the consumer requests a participatory hearing (by telephone, online, or in-person).

Consumer pays $19 filing fee and a one-half share of the participatory hearing fee which is $62.50 for a 60-minute hearing. This means that the consumer pays a total of $81.50, unless the arbitration agreement calls for the business to pay the consumer’s fees or the consumer obtains a Rule 45 fee waiver, in which case the consumer would pay less or nothing at all. If the hearing were to extend beyond 60 minutes, the consumer’s total share of the fees is capped at $250. In practice, an arbitrator would very rarely allocate anything beyond the minimum $81.50 fee allocation to a consumer claimant regardless of the actual length of the participatory hearing.

Scenario 3: Consumer responds to a claim for $1,500 or less and the consumer requests a document hearing.

Consumer pays nothing.

Scenario 4: Consumer responds to a claim for $1,500 or less and the consumer requests a participatory hearing (by telephone, online, or in-person).

Consumer pays no filing fee but does pay a one-half share of the participatory hearing fee which is $62.50 for a 60-minute hearing. This means that the consumer pays a total of $81.50, unless the arbitration agreement calls for the business to pay the consumer’s fees or the consumer obtains a Rule 45 fee waiver, in which case the consumer would pay less or nothing at all. If the hearing were to extend beyond 60 minutes, the consumer’s total share of the fees is capped at $250. In practice, an arbitrator would very rarely allocate anything beyond the minimum $81.50 fee allocation to a consumer claimant regardless of the actual length of the participatory hearing.

This cost information is based on the National Arbitration Forum Fee Schedule, and does not take into account instances where the arbitration agreement between the parties addresses fees. See the National Arbitration Forum Fee Schedule for more detail on arbitration fees.