What are the options for resolving a commercial real estate dispute?
When it comes to resolving a commercial real estate dispute in North Carolina, there are several potential options. Most commonly, the parties involved can attempt to negotiate an out-of-court settlement. Through this process, a third-party mediator can help the parties reach an agreement to avoid a court battle. If an agreement is not reached, litigation is the next step. In this case, either party can file a civil lawsuit with the relevant county court and let the court decide the outcome. In addition to civil litigation, there are several alternative dispute resolution (ADR) options available in North Carolina. Mediation is the most common and involves the parties meeting with a third-party mediator to discuss the dispute and reach an agreement. Arbitration is another form of ADR that involves hiring an arbitrator to review the case and make a binding decision. The decision is legally binding and is typically less costly than a traditional lawsuit. Finally, in some cases, the parties may agree to use a private judge that has the same authority as a court judge. This is beneficial when a dispute involves complex issues that require specialized knowledge and expertise. The private judge acts as a neutral third-party and makes a decision based on the merits of the case. This decision is generally legally binding and can be enforced in court.
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