Alternate Dispute Resolution: Arbitration
Arbitration is a process through which two or more parties can resolve a dispute outside of court. This process is often used to resolve contract disputes, employment disputes, and family law disagreements. Working with an arbitration attorney in Wake Forest, North Carolina is highly encouraged to get the best possible outcome for your case.
Today, most cases in both the District Court and Superior Court divisions are required to go through arbitration or mediation, respectively, before a trial date can be set. Arbitration can be less expensive than going to court and it often results in a quicker resolution of the dispute.
Attorney Hank Doyle has been representing civil litigants, both as Plaintiffs and Defendants, for over 20 years in North Carolina. If you need an arbitration lawyer, contact our Wake Forest law firm! Schedule a consultation to discuss ADR today at (919) 228-4487.
What is Alternative Dispute Resolution?
ADR, or alternative dispute resolution, is a process used to resolve disputes without going to court. Common ADR processes include mediation, arbitration, or neutral evaluation. The arbitration process is confidential, less formal, and often less stressful than traditional court proceedings.
Some benefits of arbitration include:
- It can be less expensive than going to court.
- The process is often quicker than going to court.
- It allows the parties to have more control.
- If the parties reject the arbitration outcome and choose to go to court, the arbitration acts as a rehearsal for the trial by jury.
ADR Process in North Carolina District Court
If you have a civil case in District Court, you will be required to participate in arbitration before a trial date can be set. After the pleadings are filed, the parties will be notified by the Clerk of Court that their case has been assigned to arbitration.
The Arbitration Process in North Carolina District Court is as follows:
- First, both parties must agree to arbitrate their dispute and file a pleading.
- A case manager will then be assigned to your case and will schedule an arbitration hearing. The cost of the arbitration hearing is $100.00 and is evenly divided by the litigants and paid to the Clerk.
- At the hearing, both parties will have the opportunity to present their case to the arbitrator. The arbitration proceedings will last up to one hour. In arbitration, the typical rules of presenting evidence are not applied but serve as a guide for the conduct of each party.
- The arbitrator will then make a decision about the case. If the arbitration agreement is favorable to both parties, the case is closed and both parties must adhere to the decision.
- However, it's important to note that the arbitrator's decision is NOT binding! If either party does not agree with the arbitrator's decision, they can request a trial by jury within 30 days of the ruling.
- This is known as “trial de novo.” The outcome of the arbitration hearing is not admissible at the trial de novo and will have no influence on the judge or jury.
Why Choose Arbitration in a District Court Case?
Arbitration is a great option if you want to avoid the costs and time commitment of going to court. It's important to have an experienced arbitration attorney on your side, though, to ensure that you are prepared for the hearing and understand the process.
Even if the preferred outcome is not reached during arbitration, the arbitration process can better prepare you for trial. It can be useful to help forecast the outcome of an actual court hearing or binding arbitration.
Choose a Trusted Arbitration Attorney in Wake Forest
The arbitration process is often tense and fueled with emotion. Choose an experienced family law attorney as your arbitration lawyer to help you get the best possible outcome.
Attorney Hank Doyle knows the rules, the arbitration process, and has the experience and dedication necessary to help you gain the most from any arbitration hearing. We serve Raleigh, Wake Forest, Cary, Rolesville, and surrounding areas.