What is a writ of mandamus?
A writ of mandamus is a legal document issued by a court that orders a person or organization to perform an action or take a specific step. In North Carolina, a writ of mandamus is often used in arbitration law to compel an arbitration panel to act or to correct a decision made by the panel. Mandamus may also be used in other contexts when a court has determined that a party has acted in an arbitrary or unreasonable manner. The writ serves as an order to that party to correct its behavior in order to comply with the law. In arbitration law, mandamus orders can be used to enforce an arbitrator’s decision or to correct errors made by an arbitration panel, when the party filing the writ demonstrates that the panel’s decision was made in error or was arbitrary. A writ of mandamus may also be used to force an arbitration panel to act when it is failing to do so. In North Carolina, the writ of mandamus can be requested from the Superior Court that has jurisdiction over the dispute. The party wishing to file a writ of mandamus must demonstrate that the arbitration panel has acted in an unconstitutional or unlawful manner, or that the panel has failed to act when compelled to do so. The court will then consider the writ of mandamus and decide whether or not to issue the order. If the court decides that the writ should be issued, then the writ of mandamus will compel the arbitration panel to take the action or correct the errors that the filing party has specified.
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