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  1. #1
    Join Date
    Oct 2011
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    13

    Default Arbitration Procedures and What Lies Ahead

    My question involves small claims court in the state of: NC, which seems to be somewhat different in its procedures.

    We won lawsuit in Small Claims court but due to appeal by other party it is now in mandatory Arbitration. I find it somewhat strange that we are asked to pay half the arbitration fee? I find it strange that on one hand they say, it is 'non-binding', but then also say if in 30 days either of parties appeal to the arbitration decision, that appealing party will pay the fees for filing before District Judge.

    Can you shed light, as well point to some resource.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Arbitration Procedures and What Lies Ahead

    Based on your description, this appears to be the statutory authorization:
    Quote Quoting NCGS 7A-37.1. Statewide court-ordered, nonbinding arbitration in certain civil actions.
    (a) The General Assembly finds that court-ordered, nonbinding arbitration may be a more economical, efficient and satisfactory procedure to resolve certain civil actions than by traditional civil litigation and therefore authorizes court-ordered nonbinding arbitration as an alternative civil procedure, subject to these provisions.

    (b) The Supreme Court of North Carolina may adopt rules governing this procedure and may supervise its implementation and operation through the Administrative Office of the Courts. These rules shall ensure that no party is deprived of the right to jury trial and that any party dissatisfied with an arbitration award may have trial de novo.

    (c) This procedure may be employed in civil actions where claims do not exceed fifteen thousand dollars ($15,000), except that it shall not be employed in actions in which the sole claim is an action on an account, including appeals from magistrates on such actions.

    (c1) In cases referred to nonbinding arbitration as provided in this section, a fee of one hundred dollars ($100.00) shall be assessed per arbitration, to be divided equally among the parties, to cover the cost of providing arbitrators. Fees assessed under this section shall be paid to the clerk of superior court in the county where the case was filed and remitted by the clerk to the State Treasurer.

    (d) This procedure may be implemented in a judicial district, in selected counties within a district, or in any court within a district, if the Director of the Administrative Office of the Courts, and the cognizant Senior Resident Superior Court Judge or the Chief District Court Judge of any court selected for this procedure, determine that use of this procedure may assist in the administration of justice toward achieving objectives stated in subsection (a) of this section in a judicial district, county, or court. The Director of the Administrative Office of the Courts, acting upon the recommendation of the cognizant Senior Resident Superior Court Judge or Chief District Court Judge of any court selected for this procedure, may terminate this procedure in any judicial district, county, or court upon a determination that its use has not accomplished objectives stated in subsection (a) of this section.

    (e) Arbitrators in this procedure shall have the same immunity as judges from civil liability for their official conduct.

  3. #3
    Join Date
    Oct 2011
    Posts
    13

    Default Re: Arbitration Procedures and What Lies Ahead

    Quote Quoting Mr. Knowitall
    View Post
    Based on your description, this appears to be the statutory authorization:
    Thanks. I am loss to understand: (c) "... except that it shall not be employed in actions in which the sole claim is an action on an account, including appeals from magistrates on such actions"

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