Pricing

JustForumAccess offers an alternative form of dispute resolution. While no cost savings can be guaranteed or proven, the general goal of JFA is to significantly reduce the total cost of resolving a dispute compared to trying the same case in Court. All JFA costs and fees, including the attorneys fees if JFA referred attorneys are used, are capped as set out in the Rules. This calculation and the information set out on this page can be used to provide a basis for a pricing comparison.

JFA Base Fee Calculator

*Fill out the fields below to find the base fee for each party.
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Determine base amount.

Are you using a
JFA-referred Attorney?

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Amount of the largest
claim or counterclaim. (If the Respondent files a counterclaim in an amount greater than the amount claimed by Claimant, the base fee will increase for both parties.)

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Number of claims + counterclaims in addition to the first claim of the demand and the first counterclaim.

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Will there be a
counterclaim or affirmative defense asserted?

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 Yes    No
Based on Your input, using the Goal Base Amount, your total base fee should be
Cost Effective Dispute Resolution
(Fill in all fields above to calculate)

Note: The Base Fee for each party is determined using the greatest amount claimed by Claimant or Respondent in a counterclaim.  And is finally determined when all counterclaims and affirmative defenses are entered.


Pricing Details

  • Claims/Counterclaims less than or equal to $100,000

    For matters in which the largest amount claimed pursuant to any Claim or Counterclaim is less than or equal to $100,000, the Base Fee shall be the Base Amount, plus 50% of the Base Amount for the first Counterclaim plus 10% of the Base Amount for each additional Claim or Counterclaim. The Base Fee shall be increased as set out below to the extent applicable.

  • Claims/Counterclaims greater than or equal to $100,000

    Pricing Details

    Claims/Counterclaims greater than or equal to $100,000

    If the largest dollar amount demanded or otherwise sought to be recovered under any single Claim is more than $100,000, then the Base Fee shall be increased by 25% for each $100,000 increment above $100,000, into which the largest amount demanded falls.


Possible Additional Fees

Fees in addition to the Base Fees, fees, for example for matters such as e-discovery, are assessed in accordance with Rules 3(b), 4(c), 6(d)(ii), 10(a)(ii), 10(a)(iv), 10(c), 16(b), 21, 22(a) and 22(c), if applicable, and any such additional Fees shall be paid promptly by the Parties upon notification from JFA.

If e-discovery is involved, fees are increased to cover e-discovery costs, but are capped at the lower of 5% of the maximum amount in dispute or $20,000 for each party. 

  • While no cost savings can be guaranteed or proven, the general goal of JFA is to significantly reduce the costs to finally resolve a dispute compared to the costs of trying a case in Court. For example, if JFA referred counsel are utilized:
    • A simple breach of contract case using JFA referred lawyers with a claim for damages less than $100,000 could cost a Party no more than $5,400 to try or for a case in which the largest claim is for $450,000 in a somewhat complicated case with a counterclaim and 2 additional claims along with e-discovery, the total cost to a Party would be $38,360. (See above Pricing Calculator for an estimate of the costs for your case.)
    • While precise cost comparisons can never be made, compare these JFA costs to the 2012 estimate of median costs for the cost to try a contract case in Court from the Civil Litigation Cost Model prepared by the National Center for State Courts of $91,000.
    • The median award for Contract cases in 1992 according to Bureau of Justice Statistics Special Report, July 1995, Civil Justice Survey of State Courts, 1992, Civil Jury Cases and Verdicts in Large Counties, in which the plaintiff prevailed, restated to 2012 dollars is roughly the same, $90,000.
    • While the median cost to try a case in Court case would be roughly 100% of a final award of $90,000, the JFA costs using JFA referred lawyers for a case involving a claim for $90,000 in a somewhat complicated case with a counterclaim and 2 additional claims along with e-discovery, would be roughly 15% of the claim and if the claim made in a JFA Proceeding which resulted in a final award of $90,000 was initially far greater, these JFA costs for such a case would be less than 50% of the final award.1

Current Fees for some of the additional JFA services2 a party may request are set out below: 

 

Type of Fee

 

Payments of Each Party

1.     Base Fee

See Above

2.     E-discovery

·       5% of the greatest monetary demand at issue or $20,000, whichever is less, paid by Party permitted to engage in e-discovery

3.     E-discovery disputes

·       Each party pays one half the above amount

4.     Mediation, if requested by both Parties

·       Each party pays additional 1/3rd of the Base Fee

5.     Substitution of a new JFA Representative

·       Additional 2/3rds of the Base Fee payment made by Party requesting the substitution

6.     Third party discovery

·       The Party requesting third party discovery, if authorized, pays JFA $150 per hour for each Representative plus reasonable costs of travel, not to exceed 20% of the Base Fee payment made by that Party.

7.     Experts, surveys or polls

·       If a Party is authorized to utilize an expert or a survey or poll or rely on an expert opinion or determination or the results of a survey or poll, that Party must advance funds to the other Party to pay for such an expert opinion or determination,  survey or poll,

8.     Request for correction

·       The Party requesting a correction pays 20% of the Base Fee payment it made

 

9.      Appeal Fee

 

·       Is equal to the total of the Base Fees paid by both Parties.

·       If only one Party files an Appeal, the Appeal Fee shall be paid solely by that Party to JFA,

·       Otherwise, the costs of the Appeal is split 50/50

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All of the examples used, make the reasonable assumption that the only additional procedure employed in a JFA proceeding, if any, is e-discovery, which would not be atypical, and there is no appeal.

The JFA Rules Control – All additional services and costs therefor are set out in the Rules. See complete Rules for details.

RIGHT NOT TO PROVIDE SERVICES AND TO ADJUST COSTS: JFA cannot predict the demand for its services or the availability of lawyers to serve as Arbitrators or JFA referred Representatives who will perform these services in exchange for compensation in line with fees set and based on the Goal Base Amount of $5,400, if a Party elects to use a JFA referred Representative or $2,484, if a Party elects to use its own Representative. Therefore, JFA reserves the right to set a Base Amount at a sum in excess of the Goal Base Amount or not to provide services. In either such case Parties who agreed to use JFA are released to use AAA or the alternative forum they elected to use to resolve their disputes in the event that JFA was unavailable.


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