What are the rules of evidence and procedure in an arbitration hearing?
In North Carolina, an arbitration hearing is a process used to resolve legal disputes outside of a courtroom. The rules of evidence and procedure used in an arbitration hearing are based on prior case law, statutes, and the North Carolina Arbitration Act. The North Carolina Arbitration Act states that all matters arising from or connected with an arbitration hearing must be decided according to the rules of evidence and procedure followed in a North Carolina court. The rules of evidence and procedure in an arbitration hearing include: all evidence must be relevant and not unduly prejudicial; all parties must be provided a full and fair opportunity to present and hear evidence; the arbitrator must be neutral and impartial; all witnesses must be subject to cross-examination; the arbitration hearing must be recorded on audio and/or videotape; and all proceedings and documents must be kept confidential. Additionally, all parties involved in an arbitration hearing must disclose all relevant documents and information in their possession prior to the hearing. The parties also have the right to subpoena witnesses and evidence and can agree to waive formal rules of evidence in order to speed up the process. The arbitrator must also consider all evidence presented, make findings of fact, and render a binding decision.
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