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Provider Rules

AAA and JAMS, side by side

Two regimes, two philosophies. One applies at the provider's discretion; the other only if you wrote it into the contract. The difference decides who has leverage the day the demands land.

Two rulebooks facing each other, each with a stepped fee ladder crossed by a single amber threshold line

At a glance

Comparison of AAA and JAMS mass arbitration regimes
 AAAAmerican Arbitration AssociationJAMSJAMS (Judicial Arbitration and Mediation Services)
RegimeMass Arbitration Supplementary RulesMass Arbitration Procedures and Guidelines
EffectiveAdopted 2023; fee schedule and rule amendments effective January 2024Effective May 2024
Trigger25+ similar demands (consumer and employment)75+ claimants, same or coordinated counsel
How it appliesApplied at the AAA's discretion — no separate contractual adoption requiredRequires express contractual adoption / party consent
GatekeeperProcess ArbitratorProcess Administrator
MediationGlobal mediation required within 120 days of filing confirmationNo mandatory mediation stage

Fee schedules

Initiation fee (flat, total)Replaces per-case initiation fees
$11,250
— claimant share
$3,125
— business share
$8,125
Per-case fee after initiationScales with filing volume
$125 – $325
Final fee, per case
$600 – $750
Arbitrator compensationConsumer cases
$300 / hour
Case management feeWas the dominant cost pre-2024
Eliminated
Filing fee (single, total)
$7,500
— claimant share
up to $2,500
— business share
$5,000
Appointment feePer appointment, not per case
$2,000 – $3,500
Case management fee
13% of arbitrator compensation
Process Administrator
Hourly rate

What to know about AAA

The AAA's multiple-case regime traces back to the Supplementary Rules for Multiple Case Filings introduced in August 2021. The current rules reach twenty-five or more similar demands filed by or against the same party where representation is by the same or coordinated counsel; a higher threshold of one hundred applies outside the consumer and employment context.

  • Counsel must affirm that the information supplied for each claimant is accurate to the best of their knowledge — a direct response to fictitious and unverifiable claimants in earlier campaigns.
  • A Process Arbitrator resolves administrative disputes — filing compliance, fee allocation, batching mechanics — before any merits arbitrator is appointed.
  • Merits arbitrators may review Process Arbitrator determinations under an abuse-of-discretion standard.
  • The AAA retains discretion over whether the mass rules apply at all, which means a respondent cannot fully engineer the outcome through drafting alone.

What to know about JAMS

JAMS applies a single seventy-five-claimant threshold regardless of whether the dispute is consumer, employment, or commercial. Unlike the AAA regime, the procedures apply only where the parties have expressly adopted them.

  • The consent requirement is the defining difference: a respondent that did not write JAMS mass procedures into its clause cannot invoke them once demands land.
  • That same requirement makes JAMS a weaker defensive tool than the AAA regime — and explains why clause drafters who want JAMS procedures must name them expressly.
  • A Process Administrator performs a gatekeeping function comparable to the AAA's Process Arbitrator, screening threshold and administrative questions before merits appointments.
  • Appointment-based rather than per-case pricing changes the cost curve materially at high claim counts.

Reported cost scenarios

Reported up-front costs by filing volume and fee regime
ScenarioRegimeUp-frontComposition
1,000 consumer demandsAAA, pre-2024 Consumer Rules$1.775M – $2.275MFiling fees of $375,000–$500,000 plus case management fees of $1.4M–$1.775M — all payable before a single arbitrator was seated.
10,000 consumer demandsAAA, pre-2024 Consumer Rules$15M+Administrative fees alone, before any procedural challenge could be heard.
10,000 consumer demandsAAA, post-January 2024~$6MThe flat initiation fee and elimination of case management fees cut exposure roughly sixty percent — a reduction, not a solution.
500 consumer demandsAAA, per-case schedule$162,500At $325 per case for the first five hundred claims, in initiation-stage fees before arbitrator assignment.
35,651 demands (Wallrich)AAA, as invoiced$4,125,000The respondent's share of initial administrative filing fees. Non-payment led the AAA to terminate the proceedings — and the Seventh Circuit held the district court could not order payment.

Fee figures reflect published schedules as reported in the sources cited on each page. Provider schedules change; confirm the operative rules and fee tables directly with the AAA or JAMS before relying on any number here.

AAA and JAMS comparison.

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