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The clerk of court will send a copy of the award to you, or to your attorney if you have one. There is a day period between the time the award is sent to the parties and the time that it is finalized as a court judgment.
Within that time period, you can settle your case, and the party that filed the lawsuit can file a dismissal with the clerk. You can request a new trial before a judge or jury, even if your case was previously decided by a magistrate. The arbitrator cannot be called to testify at the trial.
You can request a new trial by filing this form with the clerk of superior court within 30 days after the award is served on the parties. You must send copies of the request to all other parties in the case.
If you receive a more favorable decision from the judge or jury than you received from the arbitrator, you can ask the court to return the filing fee to you. The clerk of superior court will record the judgment, and interest will begin to accrue if the judgment is not paid. How can I collect my judgment, and what are my rights if there is a judgment against me? See the Lawsuits Help Topic for information about judgments and collections.
If you have other questions about the arbitration process, you can contact the Arbitration Coordinator in the county where the case is pending. You can also contact an attorney about assisting you with your arbitration. The Arbitration Coordinator and other court staff cannot give legal advice about how to present your case. My contract has a clause that states I must participate in arbitration.
How do I arbitrate a matter without going through the court system? The district court has no jurisdiction to refer a case to arbitration through the Court-Ordered Arbitration Program unless a civil action has been filed with the court, and the case is eligible for arbitration under Rule 2 of the Court-Ordered Arbitration Rules.
If you are a party to a contract that requires arbitration as a resolution means before a court action may be filed, the NCAOC is unable to give guidance. You may want to contact an attorney for advice on how to proceed. Mediation is a guided conversation that can allow people to settle a legal dispute themselves without the need for a long process of litigation or a trial. This can save money, time, and stress for people involved in pending court proceedings.
Parties with a legal dispute can always choose to attend private mediation on their own. The courts order some cases to mediated settlement conferences, such as:. The courts also have an option to send other case types to mediated settlement conferences, for example:. A trained, neutral person called a mediator will help the parties and their attorneys discuss their dispute and will assist the parties in reaching an agreement to resolve the dispute.
To begin the conference, the mediator will explain the mediation process and may ask the attorney for each side to describe the case from their point of view. The parties may then go to separate rooms and discuss the case with the mediator individually, or everyone may discuss the dispute as a group. Mediators do not make decisions for the parties. You and your attorney can decide how much you will participate at the mediation. The mediation process is designed to allow people to take an active role in discussing and settling their cases, but some people prefer to let their attorney speak for them.
Mediation is not a trial and you will not be asked to testify about the case. Will my attorney be with me and will I be able to speak privately with my attorney? Your attorney will be present throughout the mediation, unless you agree otherwise, and you can let your attorney, or the mediator know if you want to speak privately with your attorney at any time.
The parties and their attorneys have the option of selecting a certified mediator. The N. Dispute Resolution Commission, which certifies mediators, keeps a database of certified mediators for various types of cases, along with a guide to selecting a mediator.
If you and the opposing party do not select a mediator or cannot agree on one, the court will appoint a certified mediator to your case. For superior court matters, family financial matters, or matters before the clerk of court, if you, the other party, or the attorneys involved choose your mediator, you will discuss the fee with the mediator.
Unless otherwise agreed by the parties or ordered by the court, the fee is split equally between the parties. You may be asked to pay the administrative fee up front.
All other fees will be due at the end of your conference. For matters pending in district criminal court, the court will assign a mediator from a community mediation center to mediate the case. If the court decides that you are not able to pay the fee, you will not be required to pay for the mediator. For district criminal court matters, the court may waive the dismissal fee. Court forms may be accessed at this link. Mediation can be held at any location agreed to by the parties and the mediator.
If the parties cannot agree on a location, the mediator will schedule the mediation for a neutral place in the county where the case is pending. You are not required to reach an agreement at mediation.
If you do not agree on a settlement, you are not bound by the terms you discussed during negotiations. Whether or not you settle your case, the mediator is required to keep statements made in mediation confidential. The mediator will not report to the judge or jury on the statements made in mediation. These arbitrators tend to have a background in the legal profession, although not all of them do. You can hire your own lawyer to represent you during arbitration if the subject matter of the arbitration is important or if the amount of money involved is significant.
Most people do not hire a lawyer for an arbitration that involves only a small amount of money. Efficiency and cost are two of the main reasons to choose arbitration instead of litigation.
Arbitration may resolve a dispute in a few weeks or months, while the same dispute might take years to reach a resolution in court. While arbitration is becoming more sophisticated and thus more costly, especially when parties hire their own lawyers, it remains less expensive than litigation. However, the cost of initiating arbitration is higher than the cost of filing a lawsuit. The rules tend to be simpler and more flexible, making them easier for ordinary people to understand.
For example, the process of discovery is far less technical and formal. Arbitration tends to promote respect between the parties, reducing any rancor and sometimes even preserving a productive relationship between them. The outcome of arbitration is often private, as are the proceedings.
This can allow each side to protect confidential information, while encouraging them to be candid with each other. However, some people view this privacy as a lack of transparency, which creates a risk that one party may manipulate the proceedings. Arbitration clauses sometimes allow a party with greater sophistication or resources to exploit a less sophisticated or wealthy party. Companies often use them as a tactic to discourage consumers from exercising their rights.
If you feel that the result of arbitration is unfair or inconsistent with the facts, you may not be able to ask a court to review it unless you can show actual fraud. A common complaint is that arbitrators and especially arbitration agencies are biased.
They may solicit business from companies, which are more likely to retain their services again if the arbitrator produces a favorable result.
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