Demand for Arbitration

• Please fill out the following form in its entirety even if you attach a Complaint or Demand pleading.

• Please upload proof of service. Proof of service maybe any of the following; USPS certified mail receipt, FedEx or USP signed confirmation of receipt, affidavit of service or waiver and acceptance of service. A certificate of service does not suffice.

• To the extent there are any court orders or stipulations relevant to this arbitration demand, e.g. an order compelling arbitration, please also include them.
• If the parties do not have an arbitration clause in their contract naming JAMS please provide one of the following;
• A post-dispute Arbitration Agreement fully executed by all Parties specifying JAMS administration or use of any JAMS Rules; or
• A pre-dispute written contractual provision requiring the Parties to arbitrate the dispute or claim and specifying JAMS administration or use of any JAMS Rules or that the Parties agree shall be administered by JAMS; or
• A written confirmation of an oral agreement of all Parties to participate in an Arbitration administered by JAMS or conducted pursuant to any JAMS Rules; or
• The Respondent's failure to timely object to JAMS administration; or
• A copy of a court order compelling Arbitration at JAMS.

• For two-party matters, the Filing Fee is $1,000. For matters involving three or more parties, the filing fee is $1,500. The entire Filing Fee must be paid in full to expedite the commencement of the proceedings. Please add a separate line in your email stating the check is forthcoming. The address for remittance is 410 17th Street, Suite 2440, Denver, CO 80202.
• JAMS also charges a $1,000 filing fee for counterclaims. Therefore the Respondent(s) will need to submit payment with their answer if any counterclaims are presented.

• Regardless of your choices whether this is a consumer or employment case, if JAMS makes the determination, before or after filing, that it should be reclassified, JAMS reserves the right to do so, guided by one or more of several different sources: the California Rules of Court Ethics Standards for Neutral Arbitrators (Standards 2(d) and (e), JAMS Consumer Minimum Standards of Procedural Fairness and JAMS Employer Minimum Standards of Procedural Fairness (collectively the “Minimum Standards”), the applicable arbitration agreement, and the individual facts in your case.
• In addition, JAMS may treat a matter as a consumer matter and apply the Employment Minimum Standards where an individual claims to have been misclassified as an independent contractor or otherwise improperly placed into a category other than employee or applicant for employment.
• Ultimately, JAMS may, but need not (either on its own, after objection, and/or after seeking Parties’ input, at JAMS option) first review any applicable arbitration provision in your case and make a determination under the applicable Minimum Standards whether (a) JAMS may take the case and (b) if so, whether the case is properly classified as an employment or consumer case, after review of its guiding materials and (c) what allocation of fees is appropriate.

• For matters involving consumers, the consumer is only required to pay $250.
• If Respondent disagrees with the assertion of Claimant regarding whether this IS or IS NOT a CONSUMER ARBITRATION, Respondent should communicate this objection in writing to the JAMS Case Manager and Claimant within seven (7) calendar days of service of the Demand for Arbitration.
• For matters based on a clause or agreement that is required as a condition of employment, the employee is only required to pay $400.
• If Respondent disagrees with the assertion of Claimant regarding whether this IS or IS NOT an EMPLOYMENT ARBITRATION, Respondent should communicate this objection in writing to the JAMS Case Manager and Claimant within seven (7) calendar days of service of the Demand for Arbitration.
• A refund of $500 will be issued if the matter is withdrawn within five days of filing. After five days, the filing fee is non-refundable.

Response

The respondent may file a response and counter-claim to the above-stated claim according to the applicable arbitration rules. Please submit documents through email attachment.

In certain states (e.g. California), the law provides that consumers (as defined above) with a gross monthly income of less than 300% of the federal poverty guidelines are entitled to a waiver of the arbitration fees. In those cases, the respondent must pay 100% of the fees. Consumers must submit a declaration under oath stating the consumer’s monthly income and the number of persons living in his or her household. Please contact JAMS at 303-534-1254 for further information. Note: this requirement is not applicable in all states.