What is the legal process for resolving a commercial real estate dispute?

Resolving commercial real estate disputes in North Carolina involves a few steps. First, both parties must try to reach an agreement through negotiation. If they cannot come to an amicable solution, they may then move on to alternative dispute resolution (ADR). This usually involves mediation or arbitration, where a third-party neutral reviews the evidence and makes a legal decision. Both parties commit to abiding by the decision in advance. If ADR is unsuccessful, then a North Carolina court may hear the case. This process involves serving notice of the dispute to the other party, filing a complaint, and discovery, where parties exchange information regarding the dispute. Next, there is a pre-trial conference where the court determines if the case is ready to proceed to trial. During the trial, both parties present evidence and witnesses and submit legal arguments. The court then renders a ruling. Finally, if either party is dissatisfied with the court’s decision, they may appeal the ruling. During the appeal, an appellate court reviews the record and decides whether the lower court erred in its decision. The appellate court can either affirm or reverse the ruling. Overall, resolving commercial real estate disputes in North Carolina involves negotiation, ADR, and the court system. It is often a lengthy process to reach a legal decision.

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What is the legal process for resolving a commercial real estate dispute?

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