What are the rules for alternative dispute resolution?

Alternative Dispute Resolution (ADR) is a way of resolving disputes without having to take the case to court. ADR typically involves an agreement to cooperate, a mediator, and a mutually agreed upon outcome. In the state of North Carolina, there are several different forms of ADR that may be used in civil cases, including mediation, arbitration, and collaborative law. Mediation is a process in which a mediator, usually a neutral third party, helps the parties in dispute reach an agreement without having to go to court. In North Carolina, the mediator is appointed by the court upon agreement of both parties. During the mediation, the mediator will work to help the parties come to an agreement on their own, without any legal procedures or decisions. Arbitration is similar to mediation, but it involves a third party who is responsible for making a legal decision regarding the dispute. The arbitration panel in North Carolina is made up of three members, with each side selecting one arbitrator and the third member selected by the first two arbitrators. The decisions of the panel are binding and final, unless either party chooses to appeal. Collaborative law is a relatively new form of ADR in North Carolina. This type of dispute resolution requires the parties to enter into a good faith agreement to resolve the dispute using a team of professionals including attorneys, financial advisors, and other experts. Throughout the process, the parties can continue to discuss the issues and decide together if collaboration is the best approach. In North Carolina, ADR processes can be used in civil cases to resolve disputes in a less adversarial manner than traditional litigation. These processes can help the parties reach a resolution that is mutually agreeable and lets them avoid the uncertainty and expense of a trial.

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