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North Carolina Arbitration - Application and Order for Payment to...

North Carolina Arbitration - Application and Order for Payment to Arbitrator

Name: North Carolina Arbitration - Application and Order for Payment to Arbitrator
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.69 (378 reviews)

Category:

North Carolina Arbitration and Mediation - Arbitration

State:

North Carolina

Control #:

NC-CV-804

Format:

Instant download

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Description

Application and Order for Payment to Arbitrator: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

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FAQ

Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments.When arbitration is binding, the decision is final, can be enforced by a court, and can only be appealed on very narrow grounds.

In the event that a party fails to appear at the arbitration, the arbitration must still proceed. The party who is present must present evidence in support of their entire claim, proving to the arbitrator's satisfaction both liability and damages. An arbitrator may not issue an award solely on the default of a party.

Select the right arbitrator(s). Don't expect extensive court-like pretrial discovery. Prehearing motions may be permitted, but only if they are likely to be granted and narrow the issues of the case. Keep your briefs short and directed to the point. Don't expect the arbitrator to apply the rules of evidence strictly.

Arbitration is an adversarial process whereby a neutral third party is empowered to decide the outcome of a dispute. It is often a preferred means of resolving conflicts in order to avoid the expense, delay, and acrimony of more formal litigation and trial.

You may still use legal counsel in an arbitration proceeding or you can represent yourself, but your costs are reduced by avoiding the typical court procedures.They typically have a legal background plus specialized training in arbitration.

Stick to the letter of the action being arbitrated. Don't throw everything into your opening statement. Use only what you intend to prove through the facts, witness statements, and anything else that you intend to present.

An arbitration hearing is similar to a small claims trial. The participants present evidence and make arguments supporting their positions. After the hearing, the arbitrator decides in favor of one side or the other. Unlike mediation, an arbitrator has no duty to try to find a compromise.

To win the arbitration of the closer cases, don't run away from bad facts or create issues where they do not exist. You only have to win the case, not every argument, document or examination. Present the case accurately, fully and logically.

North Carolina Arbitration - Application and Order for Payment to Arbitrator

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