• What is the difference between Arbitration and a Jury Trial?
• How is arbitration decided?
• Is arbitration a good thing or a bad thing?
• Is it required or “binding”
• Do I need a lawyer for arbitration in North Carolina??

Arbitration is an alternative to trial, and it is less formal and more abbreviated – Danny Glover, NC Accident Injury Lawyer

Arbitration in North Carolina: What is it?

Arbitration and “Binding Arbitration” is something we are seeing with more frequency in North Carolina, especially involving cases where people have agreed to the methodology of settling a claim.

That is sometimes done by contract. Arbitration is not required to be binding; but, companies often put provisions in contracts and agreements regarding arbitration. And often, they set things up to their advantage.

Binding Arbitration basically means there really isn’t an appeal. If you’ve agreed to binding arbitration, it’s very difficult, if not impossible to appeal that ruling.

North Carolina has legal provisions in the North Carolina General Statutes for Arbitration. Those can be found in: Article 45C of the Statutes. It’s referred to as the Revised Uniform Arbitration Act.

NC Arbitration Laws

Is Arbitration Required in North Carolina Courts?

Yes and No.

IF the Court Orders Arbitration in North Carolina, you are required to participate; but, Arbitration is not always available in every county or Judicial District in North Carolina. We provide legal representation to people throughout northeastern NC and the Outer Banks.

Here are the general rules about NC Arbitration:

• Counties that HAVE Court Ordered Arbitration
• Required in Every Civil Case
  • Involving a Claim for $15,000 or less
• Required after Small Claims Court
  • If appealed
  • Involving Claims for Money
  • IF the Court decides the case is Subject to Arbitration
  • When the Magistrate’s Order / Ruling is appealed

What is the purpose of Court Ordered Arbitration in North Carolina?

More than anything, it helps people get a good idea of the value of the case or claims.

In North Carolina Arbitrations are handled by Lawyers specifically trained in the process of dispute settlement and mediation. While mediation is a legal term, the point is for people to work through or “mediate” their disputes.

Arbitration is different from Mediation. Arbitration is more like litigation, where there is a formal presentation of materials and decision. It is purposely intended to be more informal; but, that does not mean the effects of Arbitration are any different than the traditional process of civil litigation, discovery, and lawsuits.

Wrongful Death Claims NC

An Arbitrator is a neutral Court official in North Carolina.

The Arbitration Hearing is in some ways like a trial. Each side to a dispute has the opportunity to tell their side of the story. Like a Jury Trial in North Carolina, each side is allowed to present evidence at an Arbitration.

They can also call witnesses and introduce documents for consideration.

Like a Judge or a Jury Trial in North Carolina, a decision is made. Normally that would be called a Verdict.

Whether it is a called a Jury Verdict or Ruling doesn’t much matter. There is a formal decision made.

Applying North Carolina Laws, a decision is made that determines “who won” and “who lost” in the dispute.

It’s important to realize Arbitration is just as important as traditional forms of litigation in North Carolina – Danny Glover, OBX Attorney

If you’re looking for an Outer Banks Car Accident Lawyer, Danny Glover is available for consultation. He’s experienced helping people with Car Accident Injuries, Semi-Truck Fatalities, and other catastrophic losses associated with negligence.

Currituck County Lawyer Danny Glover offers a FREE, initial consultation on Outer Banks Wreck cases.

Call NOW for a confidential consultation.

Modified Transcript of “What is Arbitration” for the Hearing Impaired

Arbitration is more formal than mediation but less formal than trial, and there is one neutral person hired and paid for by all the different sides to the lawsuit.

Instead of a judge or a jury deciding your case, the arbitrator actually listens to the evidence typically in a more informal abbreviated way and then rules in the case.

Typically, the decision of the arbitrator is binding, meaning neither side can appeal. Sometimes arbitrators are retired judges, sometimes they are practicing attorneys, and sometimes they are simply professional arbitrators such as in construction cases.

Basically, arbitration is an alternative to trial, and it is less formal and more abbreviated.

I’m Danny Glover with the Glover Law Firm. If you have any questions about your car wreck, give me a call. It’s completely free. It’s confidential. I’ll be happy to talk to you.

Our law firm provides a FREE CASE EVALUATION for legal matters involving car accident cases, boating accidents, 18 wheeler accidents, catastrophic loss, and wrongful death claims.

• How long will the trial last?
• Will I need to testify?
• Are there extra costs incurred?
• Do I have any other options?
• Why won’t the Insurance Company pay my claim?

Taking a case to Court is one option available to an experienced lawyer. The key is knowing when to negotiate and when to fight – Danny Glover

Why would a case go to trial?

Sometimes cases “go to trial” because they have to, not because the person hurt wants to argue in Court. In fact, most people just want to get what’s fair, settle-up, and move on with their lives.

Unfortunately, that’s not always how things work.

Contrary to people might think, the system isn’t always fair. As an attorney experienced handling Wreck and Accident cases involving cars, motorcycles, and even bicycles, it’s not usual to have a conversation with a client, where occasionally harsh realities, are exposed about the Personal Injury system.

We hear things like, “Wait, they caused the wreck. No one disputes that. Why are they fighting the claim? Why are they saying I did something wrong? I’m not asking for a bunch of money, I just want my bills paid. I want my car fixed. Why are they being this way?”

Here’s the hard truth: Insurance Companies make money by settling claims for less than they are worth. In fact, they make the most money when they pay nothing.

If people were always treated fairly by the carriers, I wouldn’t have a job. People wouldn’t need a lawyer – Danny Glover

Obviously there are always two sides to a story. There are times when reasonable minds can disagree.

Wrecks can be caused by the fault of several people. In North Carolina, we have some pretty tough laws regarding that.

We remain one of the few states in the country that rigidly applies the Contributory Negligence doctrine.

If you are involved in a wreck, you will find out very quickly how important that legal term is. “Contrib” is more than just a term lawyers use in Court.

MORE INFO: What to Do After You’ve Been In a Traffic Accident this Holiday Season

It has consequences.

If you are deemed, “Contributorily Negligent” in a wreck you get nothing. Zero.

Even if the other person is 99% at fault and you did one, minor, thing wrong, you get nothing.

Doesn’t seem very fair, does it?

Who does that benefit? The Insurance Companies. That’s because in most circumstances, it’s the Insurance Company paying the claim, NOT the person who caused the wreck.

It’s possible for the Defendant to be “sued individually,” and in cases where the amount of insurance coverage isn’t enough, they may be personally liable.

But as lawyers, we are not even allowed to mention, in court, that there is insurance or an insurance company involved.

Again, that may not seem very fair; but, that’s the law in North Carolina.

As such, a decent number of cases go to trial to determine just that. Who was at fault? Was there Contributory Negligence?

Jurors are asked things like:

• What the Defendant negligent?
• Did the Defendant cause the accident?
• Was Defendant’s negligence the reason for the wreck?
• Were the Plaintiff’s Injuries and Damages a result of the wreck?
• Was the Plaintiff responsible, even in part, for the accident?

Lawyers use terms like “direct” or “proximate cause” in trials.

Modified Transcript of “How Long Does It Take to go to Trial” for the Hearing Impaired

It depends on what part of the state you’re in. In Northeastern North Carolina, we’re very rural and our courts don’t meet nearly as often as they do in Raleigh or Charlotte.

In Elizabeth City, Manteo, Currituck, Chowan County, it typically takes somewhere between a year and two years for the entire litigation process to work its way through.

That would include written discovery, depositions, mediation, medical depositions, and then eventually, you get to a point where the case is ready for trial. Then you wait your turn.

So, a year to two years, but remember that a settlement can be reached at any point during that process.

I’m Danny Glover with the Glover Law Firm. If you have any questions about your car wreck, give me call. It’s completely free. It’s confidential. I’ll be happy to talk to you. (252) 299-5300