What is arbitration in civil law?

Arbitration is a form of dispute resolution in civil law. It is a voluntary process that occurs when two or more parties agree to submit a dispute to one or more independent, impartial individuals. These arbitrators act as private judges who hear arguments from both sides and then render a decision based on the evidence presented. Arbitration is an alternative to traditional court proceedings, as it is usually less expensive and less time consuming than going to court. In North Carolina, the General Assembly has authorized the use of arbitration for a wide range of matters, including contractual disputes, consumer disputes, landlord-tenant disputes, and other civil disputes. The parties can agree to use arbitration as part of their contract or can decide to arbitrate after the dispute has arisen. The parties must then agree to both the selection of the arbitrator and the rules that will govern the arbitration process. The arbitrator considers evidence, hears arguments from both sides, and renders an arbitration award that is final and binding on the parties. This award can include monetary and non-monetary remedies, such as a declaration of rights, orders for specific performance, or damages. An award may also incorporate provisions for attorney’s fees and costs associated with the arbitration process. Once the arbitrator renders a decision, there is no right of appeal. Instead, either party may challenge the award in court, but only if they can show bias or misconduct.

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