
Welcome to NAM's digital settlement forum
Settlement in 1 hour or less
- 1. Schedule
- 2. Bid
- 3. Negotiate
Brought to you by NAM (National Arbitration and Meditation), the leading provider of arbitration and mediation services to the legal community for 30+ years.
clickNsettle offers both claimants and respondents a simple and cost-effective way to settle claims and disputes valued at $25,000 or less.
How clickNsettle Works
clickNsettle (CNS) is a simple and expeditious way to resolve claims and disputes valued at $25,000 or less.
CNS is an interactive, digital settlement application which offers disputing parties a means to settle cases in a confidential, quick and inexpensive manner at YOUR convenience and at YOUR computer. During a pre-scheduled 30 minute eResolution session, Claimants submit demands reflective of an amount they are willing to accept to settle the case and Defendants submit offers reflective of an amount they are willing to pay to settle a case. If the Claimant's demand and the Defendant's offer meet the CNS settlement criteria (that is, if the bid amounts are within 30% of each other or if the Defendant's offer exceeds the Claimant's demand), the case will settle for the midpoint between the two bid amounts. Each party's bids are NEVER disclosed to their adversary. A dollar figure is ONLY revealed when the case settles and only the settlement amount is shown.
If the case is not settled during the eResolution process, the parties will receive an on-screen notification that a Mediator will be joining the session to virtually assist the parties with the negotiation process for up to 30 minutes.
Good Luck and enjoy using clickNsettle!
Case Submission and Response
Before cases can be submitted and negotiated through CNS, you must register on the CNS website by clicking on either "Sign In" or "Get Started" on the home page.
Either party, that is, the Claimant/Plaintiff or the Respondent/Defendant, may submit a case to be resolved through CNS by clicking on "Submit a Case" after you have signed in to the application. Once a case is entered into the CNS system, the system will offer a series of dates and times for the eResolution process to take place. Once the initiating/submitting party indicates the dates and times that are acceptable, an invitation to participate will be automatically generated and sent to your counterparty. The invitation will remain open for 72 hours. Once your counterparty accepts the invitation and registers/signs in, the responding party will be asked to select one of the dates and times offered. If none of the times work, the responding party will have the option to select alternate dates which will then go back to the submitting party for review and confirmation. Once there is a mutually agreeable date and time, all applicable parties will receive an e-mail confirmation of the date and time for the eResolution process.
If the original invitation expires (after 72 hours) and the responding party would still like to negotiate that matter, the responding party can re-activate the case by clicking on the link in the original invitation email or in any subsequent reminder email and selecting "Re-Activate". The system will then offer a new series of dates and times for the bidding process to take place. The process will continue as described above.
eResolution Process
On the agreed upon date and time, after logging into the CNS platform (you can follow the link in the calendar invite that will be sent to both parties) and when prompted that the eResolution process has begun, either party may enter an opening bid. The CNS platform will notify the opposing party that a bid has been entered by the other party. Each time a bid is entered, the other party will receive an on-screen notification as well as and a notification via email or text (as preferred). However, the system will not disclose the amount of the bids entered by either party to the opposing party. A party may enter a maximum of (2) successive bids prior to receiving a response bid from the opposing party; once a response bid is received that party will then be able to place additional bids. However, a Claimant/Plaintiff may NOT increase successive demands and a Respondent/Defendant may NOT decrease successive offers - the system will not process such amounts.
The eResolution process will last for a maximum duration of 30 minutes or until settlement is reached, whichever comes first.
eResolution Settlement Criteria
If, at any time, during the eResolution process, the Claimant/Plaintiff's last demand is within 30% of the Respondent/Defendant's last offer or the Respondent/Defendant's last offer is higher than the Claimant/Plaintiff's last demand, the case will settle for the dollar value midpoint between the most recent bid amounts from each party. The parties will receive an on-screen notification and an email confirming that the matter has settled and the dollar amount of the settlement.
The Mediator Session
At the expiration of the 30-minute eResolution process, if the case has not been settled, the parties will receive an on-screen notification that a Mediator will be joining the session.
The Mediator will then assist the parties with the negotiation process for up to 30 minutes.
If the matter settles at any point during the Mediator session, the Mediator will prepare a Post Mediation Agreement and include the settlement terms agreed to by the parties. The Mediator will send the Post Mediation Agreement to the parties who will be asked to sign the agreement via DocuSign. Once fully executed, the Post Mediation Agreement will be emailed to the parties.
Fees
To satisfy the fee requirements of using clickNsettle, you must have an approved account with CNS or pay by credit card or bank account.
The following details the fees charged for negotiating a case on clickNsettle:
- There is no fee to submit a case and invite your counter-party to participate in the eResolution process.
- If your counter-party does NOT accept the invitation, there will be no fee charged to either side.
- If your counter-party accepts the invitation, the fees are as set forth below.
Participation Fee:
A Participation Fee will be charged to each of the claimant and the respondent when the invitation to participate has been accepted (that is, after both parties have agreed to use CNS). The Participation fee for the Claimant is $200. The Participation Fee for the Respondent is $200.
Settlement Fee:
A Settlement Fee will be charged to each of the claimant and the respondent only if agreement is reached and a case settles. The Settlement Fee for the Claimant is $400. The Settlement Fee for the Respondent is $400.
Cancellation/Rescheduling Fees:
Cancelling/rescheduling more than 72 hours prior to the scheduled eResolution session incurs no charge and the Participation Fee will be refunded. Cancellations/rescheduling less than 72 hours prior to the eResolution session (including not showing up for the scheduled eResolution session) will incur a $200 cancellation fee which shall be paid by the cancelling/rescheduling/no-show party or parties. Participations fees will be refunded after Cancelation/Rescheduling Fees are paid.
About NAM (National Arbitration & Mediation LLC)
NAM (National Arbitration and Mediation) has been providing Alternative Dispute Resolution services throughout the United States and internationally for almost 30 years and is recognized for its superb customer service, market-leading technology, and an exceptional panel of arbitrators and mediators. For the eighth year in a row, NAM was named a top ADR firm in the United States in the 2021 National Law Journal's Best Of Survey. For the past ten years, NAM was selected as the #1 ADR firm in the New York Law Journal's Best Of Survey and was also voted a top Online ADR Resource by the survey respondents – a testament to the depth and breadth of knowledge, information and thought leadership provided by the firm to the ADR community at large.
NAM is an indispensable resource for parties seeking cost-effective alternatives to expensive and time-consuming litigation. NAM works with more than 10,000 commercial entities, including more than 50 percent of the Fortune 100 companies. NAM offers litigants highly secure virtual and in-person forums, unique and powerful technology and a nationwide panel of more than 2,600 top-tier former judges and legal practitioners. NAM's mediators and arbitrators are uniquely qualified to facilitate the resolution of disputes. NAM maintains rosters in all 50 states, Puerto Rico and in major cities around the world, with deep experience in the areas of banking and financial services, complex commercial, construction, corporate, employment, entertainment, trusts and estates, international, insurance/reinsurance, medical malpractice, personal injury, professional liability and real estate dispute resolution.
NAM provides complimentary continuing legal education (CLE) programs for attorneys, bar associations, corporate and government legal departments and other legal and business organizations. For more information, visit www.namadr.com.
About clickNsettle
clickNsettle (CNS), powered by NAM, is a simple and expeditious way to resolve claims and disputes valued at $25,000 or less.
CNS is an interactive, digital settlement application which offers disputing parties a means to settle cases in a confidential, quick and inexpensive manner at YOUR convenience and at YOUR computer. During a pre-scheduled 30-minute eResolution session, Claimants submit demands reflective of an amount they are willing to accept to settle the case and Defendants submit offers reflective of an amount they are willing to pay to settle a case. If the Claimant's demand and the Defendant's offer meet the CNS settlement criteria (that is, if the bid amounts are within 30% of each other or if the Defendant's offer exceeds the Claimant's demand), the case will settle for the midpoint between the two bid amounts. Each party's bids are NEVER disclosed to their adversary. A dollar figure is ONLY revealed when the case settles and only the settlement amount is shown.
If the case is not settled during the eResolution process, the parties will receive an on-screen notification that a Mediator will be joining the session to virtually assist the parties with the negotiation process for up to 30 minutes.
Privacy Policy
EFFECTIVE DATE: July 19, 2021
I. General Information
At National Arbitration and Mediation, LLC (“NAM”, “we”, “us” or “our”), we are committed to protecting your privacy and ensuring you have a positive experience on our website (“ www.namadr.com”), when using the site, our arbitration and mediation services through our portal (“myadr.namadr.com”), our arbitration services for New York State Paid Family Leave disputes through our portal (“nyspfla.namadr.com”) and/or our clickNsettle service (www.clicknsettle.com) (“CNS”). The following policy dictates how and why we collect, use, retain, and share personally identifiable data (“Personal Data”, “information” or “PII”) provided to us affirmatively by users, automatically via service usage, and/or via third parties. This policy applies to all geographies where NAM conducts business, including where you may have additional rights surrounding the usage of your personal information. This policy will be posted on our website and may be updated occasionally for reasons such as operational or business practices or regulatory changes. Any policy updates take effect immediately upon posting.
Please note that, before using some of our services (CNS, for example), you may be asked to enter into a binding legal agreement by clicking the “agree” button in the applicable terms and conditions (each, a “User Agreement”), which may give us rights in or to use your information that are broader and/or different than the terms of this policy. To the extent the terms of any such User Agreement conflict with the terms of this policy, the terms of such User Agreement will prevail.
II. Collection of your Personal Data
Throughout this policy, “Personally Identifiable Data” will be defined as information which can be reasonably linked to a specific person. NAM may collect the following types of personal data when you interact with our website and/or portals. This information may be collected directly from users about themselves or others, or on an automated basis.
- Common identifiers such as name, username, physical address, email address, phone numbers, and the like;
- Information about your job, such as your title and employer;
- Billing data, including credit/debit card or other payment information;
- Publicly available data from you;
- Social media profile information;
- Service preferences;
- Information about your device, network, and internet connection, such as your Internet Protocol (“IP”) address(es), Internet Service Provider (“ISP”), MAC address, other device ID (UDID), device type, operating system and browser type and version and date/time stamp, and client version;
- Information about your usage of or other interaction with our services and website (“Usage Information”);
- Other information you upload, provide, or create while using NAM’s services.
In certain instances, you may choose whether or not to provide personal data to NAM. However, it may restrict accessibility to certain options and services on our platforms. You can adjust certain settings to reduce the amount of Personal Data we automatically collect from you by updating cookie preferences in your browser’s setting.
We may also collect and share some personal data from and with third-party partners and service providers. Agreements with our service providers limit what may be done with the data collected on our behalf. We may also receive personal data that third parties collect in other contexts, which we use in order to better understand our users, advertise and market, and enhance our services. For more information, see the section titled Sale of Personal Data.
Customer Content
Customer Content is information provided by the customer to NAM through the usage of services. This information includes, but is not limited to, cloud recordings of webinars, files, whiteboards, and other information shared while using NAM’s services. Customer Content does not refer to data generated by NAM’s network and systems (i.e., routing information and other meeting metadata).
Regarding passive collection, including the use of cookies
NAM, our third-party service providers, and advertising partners (e.g., Google Ads and Google Analytics) automatically collect some information about you when you use our services, using methods such as cookies and tracking technologies (further described below). Information automatically collected includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referrer URL, exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data. We use this information to offer and improve our services, trouble shoot, and to improve our marketing efforts.
Passive collection involves using cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and gather information about our user base, such as location information at the city level (which we derive from IP addresses). Users can control the use of cookies at the individual browser level and through the “Cookie Preferences” link on our homepage. We will also make reasonable efforts to ensure that we do not use our services to collect information when you visit websites offered by companies other than NAM. We use various technologies to collect information which may include saving cookies to your computers. For more information regarding cookie policies of technologies that we leverage, please review the privacy policy forGoogle,Zoom, Bluejeans, Cisco WebEx , Skype, and Live Chat .
Regarding meeting recordings
If you participate in a webinar, we collect Personal Data from you in connection with and through such recordings. Meeting hosts are responsible for notifying you if they are recording a meeting, and you will generally hear a notice or see an on-screen notification when recording is in progress.
III. Use and Disclosure of Personal Data
We may use the personal data we collect for a range of business purposes such as to:
- Manage and improve the use of our website, portals and services;
· Enable meetings and webinars between hosts, users and client participants;
- Fulfill requests you make related to our services;
· Protect, investigate and deter against fraudulent, harmful, unauthorized or illegal activity to the website, portals and services;
· Respond to inquiries and requests and to provide you with information and access to resources that you have requested;
· Aggregate and analyze your use of the website, our portals and our services for trend monitoring purposes;
· Provide reports to users based on information collected from use of our services;
- Provide support and assistance for our services;
· Provide the ability to create personal profile areas and view protected content;
· Provide the ability to perform billing activities when using our services;
- Provide customer feedback and support;
· Complying with our contractual and legal obligations and enforcing our agreements
We process your Personal Data (i) with your consent (where necessary), (ii) for the performance of any contract you have with us (such as your agreement with us that allows us to provide you with our services), and (iii) for other legitimate interests and business purposes in a manner reasonably proportionate to providing, running, personalizing, improving, operating, maintaining our services.
Some of this information may be shared with other meeting/webinar participants, as appropriate. For example, all messages and content you share in a meeting/webinar, including personal data about you or others, will be available to all other participants in that meeting/webinar. If you share a meeting/webinar link with another user who is not already in the meeting/webinar, when that user tries to join the meeting he or she will be able to see the list of other users in the meeting/webinar, as well as other invitees joining the meeting/webinar.
Importantly, much of the Personal data we collect, we collect on behalf of our customers and do not claim ownership or control over the data collected.
In addition to the aforementioned, we may use identifiers, employment information, payment information, Social Media profile information, technical information, demographic information, usage information, and user-generated information:
· To provide customer feedback and support ( https://www.namadr.com/about/contact-us/ );
· Providing you with information and offers from us;
· To the extent you choose to participate, to conduct questionnaires and surveys in order to provide better services to our customers and end users;
· To support recruitment inquiries ( https://www.namadr.com/about/careers/ );
· To personalize marketing communications and website content based on your preferences, such as in response to your request for specific information concerning services that may be of interest;
· To comply with legal or billing obligations;
· To optimize connection and quality of technical connectivity to our services
Users can sign-up to receive email or newsletter communications from us. If you would like to discontinue receiving these communications, you can update your preferences by using the “Unsubscribe” link found in such emails, by emailing customerservice@namadr.com , or by calling us directly.
Sale of Personal Data
NAM does not rent or sell Personal Data about you. As previously mentioned, we may share and disclose Personal Data that we collect with third parties, solely for legitimate business or legal purposes and in accordance with applicable law. Categories of third parties with whom Personal Data may be shared include
Third-Party Category |
Description/Purpose |
Email service provider |
To send emails to our customers |
Payment processors |
To process payments via credit cards or checks |
Accounting vendors |
To perform accounting and tax related activities |
Translators |
To translate documentation so we can process your request and provide services |
Website vendor |
To support the configuration of the website for enabling cookies to collect information concerning our visitors |
Shredding vendors |
To securely destroy information or data that no longer needs to be retained by NAM |
Storage vendors |
To store information related to NAM’s business and customers required to be retained for business and legal purposes |
Video conferencing solutions |
To support our business process for enabling webinars and conferencing solutions by collecting information concerning meeting participants and by recording webinars. |
NAM uses certain standard advertising tools to help us improve your advertising experience which may fall within the extremely broad definition of the “sale” of Personal Data under certain state laws because those companies might use Personal Data for their own business purposes, as well as NAM’s purposes. For example, Google may use this data to improve its advertising services for all companies who use their services. (It is important to note advertising programs have historically operated in this manner. It is only with recent developments in data privacy laws that such activities fall within the definition of a “sale”). If you opt out of the “sale” of your info, your Personal Data that may have been used for these activities will no longer be shared with third parties.
Data Retention
How long we retain your personal data depends on the type of data and the purpose for which we process the data. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required by law, for legal, tax or regulatory reasons, or for other legitimate and lawful business purposes.
Security of your Personal Data
NAM is committed to protecting the personal data you share with us through our website, portals and services. We utilize a combination of security technologies, procedures, and organizational measures to help protect your personal data from unauthorized access, use, or disclosure. When we transfer credit card information over the Internet, we protect it using Transport Layer Security (TLS) encryption technology.
Please note that no website is completely secure and so, while we endeavor to protect our customers' data using the measures described above, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will not occur. If you have any questions about the security of your personal data, you can contact us at customerservice@namadr.com .
Linked Websites and Third-Party Services
Our websites, portals and services may provide links to other third-party websites and services which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites you visit or services you use.
The inclusion of a link does not imply our endorsement of the linked site or service. You should check the privacy notices of those sites before providing your personal information to them.
IV. Data Subject Rights
We do our best to give you reasonable control over the personal data we process about you. Depending on where you reside, you may be entitled to certain legal rights with respect to your personal data including, where applicable:
- Access: Requesting information about and access to personal data we hold about you, with a twelve-month lookback window. This includes the reasons we collected the data and with whom we have shared the data.
- Rectification: Requesting that we correct or supplement such data about you that is incorrect or incomplete.
- Objection: Contacting us to let us know that you object to the collection or use of your personal data for certain purposes. If you believe NAM may have collected or stored personal information from you on behalf of a NAM customer, please contact the NAM customer with any requests related to your personal information.
- Opt Out of “Sales”: Electing to have us opt you out of certain advertising practices related to your personal data. NAM does not exchange your personal data with third parties for payment, even if you do not opt-out of the “sale” of information. If you opt-out, we will adjust your preferences accordingly.
- Erasure: Requesting that we erase some or all of your personal data from our systems.
- Restriction of Processing: Asking us to restrict further processing of your personal data.
- Portability: Requesting a copy of your personal data in a machine-readable format or that we transmit the data to another entity where technically feasible.
- Withdrawal of Consent: Withdrawing consent at any time where we are processing your personal data based on your consent (as indicated at the time of collection of such data).
- Right to File Complaint: Lodging a complaint about NAM’s practices with respect to your personal data with the supervisory authority of your country or EU Member State.
Should you reside in a jurisdiction which grants you these rights, we will, to the best of our ability, respond to any requests made. This potentially may include supplying a yearly accounting of information identifying each third-party company to whom we may have disclosed, within the past year, personal information pertaining to you for our direct marketing purposes, and a description of the categories of personal information disclosed. Under certain circumstances, we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters including a NAM user’s rights to data, if we cannot verify your identity, or if it involves disproportionate cost or effort. In any event, we will respond to your request within a reasonable timeframe and provide you with an explanation.
In order to make such a request of us or have your designated agent do so, please contact our Privacy Team at customerservice@namadr.com or by writing to the following address:
NAM (National Arbitration and Mediation)
Attention: Director of Information Technology
990 Stewart Avenue
Garden City, NY 11530
Children’s Privacy
NAM does not provide products or services that are designed for use by children under the age of 13, or knowingly collect Personal Data from or about children under the age of 13. If you believe that a child under the age of 16 has disclosed personal information to NAM, please contact customerservice@namadr.com .
Contact Us
If you have any privacy-related questions or comments related to this privacy policy, please send an email to customerservice@namadr.com. You can also contact us by writing to this address:
NAM (National Arbitration and Mediation)
Attention: Director of Information Technology
990 Stewart Avenue
Garden City, NY 11530
Terms of Use
CLICKNSETTLE TERMS & CONDITIONS
PLEASE READ CAREFULLY. THE FOLLOWING
ARE THE TERMS AND CONDITIONS BY WHICH NATIONAL ARBITRATION AND MEDIATION LLC (“NAM”)
OFFERS YOU ACCESS TO ITS CLICKNSETTLE SERVICE (“CNS”).
BY CONTINUING TO USE THIS WEBSITE,
YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. NAM MAY
AMEND THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING THE AMENDED TERMS ON THE
CNS WEBSITE.
1.0 Eligibility for Participation
You must be at least 18 years of age
to participate in a negotiation using CNS and are able to enter into a legally
binding contract under applicable law.
2.0 User Information
2.1 "User Information" is
defined as any and all information you (the “User”) provide during the
registration and negotiation process. Users agree to provide true and accurate
information that complies with this Section 2.1 on the CNS website and to
maintain and update information as applicable. User information a) shall not be
false, inaccurate or misleading; b) shall not be fraudulent; c) shall not
violate any law, statute, ordinance or regulation; d) shall not contain any
viruses, Trojan Horses, worms, time bombs or other programming routines that
are intended to damage, interfere with, intercept or expropriate any system,
data or information; e) shall not access, index, frame or link to any CNS
technology, services or websites (including by removing, disabling, bypassing,
or circumventing any content protection or access control mechanisms); f) shall
not access any CNS technology through any automated means, including
"robots," "spiders," or "offline readers; and g) shall
not access, or attempt to access, the accounts of others, or to penetrate, or
attempt to penetrate, security measures of CNS or another entity's computer
software or hardware, electronic communications system, or telecommunications
system, whether or not the intrusion results in the corruption or loss of data.
2.2 Users are solely responsible for maintaining
the confidentiality of their passwords. Users are solely responsible for any
and all activities occurring with their accounts. Users agree to immediately
notify CNS of any unauthorized use of their accounts or any breach of security.
3.0 The "Negotiation Process"
The "Negotiation Process"
is the process by which the parties exchange bids in an attempt to settle a
matter. The Negotiation Process may consist of 2 parts: A Blind Bid process and
a Mediator Process (if the Blind Bid process does not result in settlement).
4.0 Mutual Consent
4.1 Users acknowledge and agree that
they are entering into the Negotiation Process voluntarily and consent to be
legally bound by all of the terms, conditions and provisions set forth herein.
4.2 Users further agree and acknowledge that their
participation in the Negotiation Process and the successful resolution of any
claim submitted through CNS will result in a valid legal contract between the
Users which will constitute the full and complete understanding of the parties
and may not be changed, revised or altered absent mutual consent in writing
between the Users and NAM.
5.0 Binding Settlement
Users agree to be legally bound by
any settlement reached through CNS at the conclusion of the Negotiation
Process. This means that if you agree to pay the other party a set amount of
money in accordance with the settlement criteria detailed herein, you are
legally required to do so. Similarly, if you agree to accept a set amount of
money in accordance with the settlement criteria detailed herein, you are
legally required to do so.
6.0 The Parties
The party seeking to be compensated
will be referred to as the "Claimant/Plaintiff." The party who will
be responsible for making the payment will be referred to as the
"Respondent/Defendant."
7.0 Indemnity
7.1 Each User, including each party, counsel
and/or representative acting on behalf of any party, hereby agrees (i) to waive
any claim or cause of action against the Mediator (hereinafter, “Hearing
Officer”) and NAM, its parent company, subsidiaries, affiliates, and its and
their officers, directors, employees, agents and representatives (collectively,
“NAM Parties”) and (ii) to release the NAM Parties and/or the Hearing
Officer(s) from any and all liability including but not limited to, any
liability arising from or relating to any act or omission on the part of any
Hearing Officer retained by the NAM Parties. You further acknowledge and agree
that the NAM Parties and Hearing Officer(s) are not responsible for, or in any
way a guarantor of, any financial obligations of any User, including payment
and/or collection of any moneys owed by settlement through the service or
otherwise.
7.2 Each User, including each party, counsel
and/or representative acting on behalf of any party, agrees: (a) that none of
the NAM Parties or Hearing Officer(s) are a necessary party in any further
alternative dispute resolution or judicial proceeding and may not be called to
testify at any subsequent proceeding; (b) it will not compel any of the NAM
Parties or Hearing Officer(s) to testify or produce any documents provided by
any of the parties to any of the NAM Parties or their Hearing Officers; and (c)
to defend, indemnify and hold harmless the NAM Parties and/or Hearing
Officer(s) for any claims of injuries, damages or losses arising out of or
related to inaccurate, incorrect, false or fraudulent User Information or other
case materials input by any of the Users or any third parties.
8.0 Private and Confidential
Communications
8.1 Each User, including each party,
counsel and/or representative acting on behalf of any party, agree that all information
provided and communications made during the course of the online negotiation or
subsequent communications with Hearing Officers (whether oral or in writing),
and any settlement offers conveyed, are privileged settlement discussions, are
made without prejudice to any party’s legal position, and are inadmissible for
any purpose in any legal or administrative proceeding. Any information
disclosed by a party, or by an agent or representative of a party, or by a
witness on behalf of a party, is confidential. The NAM Parties and Hearing
Officer(s) will not disclose any confidential information during the mediation
without the consent of the party providing the confidential information. The
parties agree that they will not seek to compel any of the NAM Parties or
Hearing Officers to disclose any such confidential information in any legal or
administrative proceeding or otherwise. The parties further agree that they may
not introduce into evidence any such confidential information disclosed in
violation hereof, nor may they introduce into evidence, or use for any purpose,
any written or oral testimony of the Hearing Officer or the employees of any of
the NAM Parties. Any party that violates the confidentiality and related terms
of this Article 8 will pay all costs and expenses, including reasonable attorney’s
fees, of the NAM Parties and Hearing Officer(s) incurred in opposing the
efforts to compel confidential information from the NAM Parties and/or Hearing
Officer(s).
8.2 CNS and the other services
provided by the NAM Parties and Hearing Officer(s) shall not be construed as an
offer to represent you, and are not intended to create, nor do they create, an
attorney-client relationship. Parties seeking legal advice in connection with
resolving disputes pursuant to the process outlined herein should consult with
an attorney of their choice.
8.3 You acknowledge that your use of
CNS and its underlying technology will generate operational, outcome and
performance data, including (i) generalized service delivery statistics, (ii) key
performance indicator data, (iii) information and statistics regarding settlement
trends and situational outcomes, including searchable analytics NAM may make
available to other NAM customers generally, and (iv) data indicating future improvements,
adjustments and increased efficiency of CNS and NAM’s other products and
services (collectively, “CNS Performance and Outcome Data”). You hereby acknowledge
and expressly authorize CNS to copy, display, perform, distribute, create
derivative works of and otherwise use such CNS Performance and Outcome Data, in
aggregate and de-identified form, for the purpose of improving and enhancing
CNS and NAM’s other products and services, creating new product offerings and all
other lawful business purposes.
9.0 Fees
9.1. The parties agree to be bound
by the then-current Fee Schedule for CNS presented and agreed to by them as
part of the User registration process.
9.2 The parties are required to pay
all fees to NAM when prompted by the CNS online portal in order to continue
with the process or when billed, if a corporate account is set up and approved
by NAM.
9.3 Users accept responsibility for
payment of all CNS fees pertaining to the matter being negotiated regardless of
the outcome of the case.
9.4 All CNS fees are payable in US
Dollars via credit card, bank transfer or corporate check/ACH transfer if a
corporate account is set up and approved by CNS.
10.0 Third Party Representation
If you are acting as an agent or
representative for a third party in the Negotiation Process, you hereby warrant
and represent that you have the legal authority to represent said party and
enter into a legal contract on their behalf.
11.0 Disclaimers; Limits on
Liability
11.1 CNS IS PROVIDED TO YOU ON AN ‘AS IS’ AND ‘AS AVAILABLE’
BASIS. NAM GIVES NO WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND AND
HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, AT LAW OR IN EQUITY AND WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, LOSS OF DATA, ACCURACY OF RESULTS OR
REPORTS (INCLUDING WITH RESPECT TO ANY DATA EXTRACTION OR PROCESSING OR
SUBMISSIONS OR NOTIFICATIONS), OR ARISING FROM COURSE OF DEALING OR RELIANCE.
11.2 You are solely responsible for
determining whether this service is appropriate and sufficient for your dispute
and needs.
11.3 YOU ACKNOWLEDGE AND AGREE THAT,
TO THE FULLEST EXTENT PERMITTED BY LAW, THE NAM PARTIES ARE NOT LIABLE TO YOU
FOR ANY LOSS OR DAMAGE YOU MAY SUFFER OR INCUR IN CONNECTION WITH YOUR ACCESS
AND USE OF CNS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT
PERMITTED BY LAW, THE NAM PARTIES WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES NOR FOR ANY LOSS OF DATA, LOSS OF REVENUE OR
PROFITS, LOSS OF ACTUAL OR POTENTIAL BUSINESS OPPORTUNITIES OR ANTICIPATED
SAVINGS OR OTHER BUSINESS LOSSES OF ANY KIND, NO MATTER HOW CHARACTERIZED,
WHETHER OR NOT FORESEEABLE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR BUSINESS LOSSES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY
NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
11.4 IN NO EVENT SHALL THE NAM
PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE FEES
YOU ACTUALLY PAID TO NAM RELATED TO MEDIATION OF THE APPLICABLE DISPUTE. To
help resolve any issues between us promptly, you agree to bring any claim
arising out of or relating to these terms and conditions and your use of CNS
within one year after a claim arises; otherwise, the claim is waived. This
limitation applies regardless of the venue in which such claim is or could
otherwise be asserted.
12.0 General
12.1 These terms and conditions shall
be governed in all respects by the laws of the State of New York, without
regard to its conflicts of laws principles.
12.2 Unless the context otherwise
requires, words in the singular shall include the plural and, in the plural,
shall include the singular. A reference to a statute or statutory provision is
a reference to it as amended, extended or re-enacted from time to time. Any
words following the terms including, include, in particular, for example or any
similar expression shall be construed as illustrative and shall not limit the
sense of the words, description, definition, phrase or term preceding those
terms.
12.3 References herein, in our
Privacy Policy or any other policy of CNS to the word: (i) “Ensure” and its
derivatives means to use commercially reasonable efforts to pursue the stated
aim and under no circumstances implies or constitutes any guaranty of results
or outcomes or any express or implied legal covenant, warranty or
representation; (ii) ”best efforts”, “commercially reasonable efforts” or
“reasonable efforts” means acting with diligence and good faith in the
performance of its obligations; and (iii) “immediately” means promptly and
without undue delay.
12.4 It is recommended that you
consult an attorney if you do not understand any of the provisions set forth
herein.
BY CONTINUING TO USE THIS WEBSITE, YOU
AGREE AS FOLLOWS:
That you have read these entire terms
and conditions, that you fully understand them and agree to abide by them.
That you are the individual named in
the User Information and that the information you have provided is accurate and
can be relied on by the other party and NAM.
That you intend, are authorized and
able to enter into this legally binding contract and agree to be bound and
abide by these terms and conditions.
A printed copy of the Settlement
Confirmation and/or Post Mediation Agreement will constitute a
"writing" under any applicable law or regulation.