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Parties must request leave to file a motion, which the arbitrator may grant or deny within her discretion. The three rules all also require the moving party to make some initial showing to convince the arbitrator why she should exercise her discretion to permit the dispositive motion.

In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute. The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.

The courts will enforce the contract so long as the terms do not otherwise violate North Carolina or Federal law, which means that courts will assume that the parties agreed to the arbitration clause. For these reasons, a court will generally enforce an arbitration clause if your construction contract includes one.

Principles of contract law – which vary based on the governing law – can force a non-signatory to participate in arbitration. In addition to these discussed above, assumption and incorporation sometimes are applied. Thus, it is possible to be compelled to arbitrate without having signed an arbitration agreement.

A contract of adhesion is a one-sided agreement (in either its terms or the parties' bargaining power) that so offends the normal standards of commerce that it is unconscionable. This attempt rarely succeeds. As a general rule, only strong evidence of duress or fraud are sufficient to invalidate an arbitration clause.

As long as the parties understood that they were giving up their right to resolve their dispute in court, including having a jury decide the facts of their case, a court will most likely uphold the arbitration provision.

However, if a plaintiff unwittingly entered into an arbitration agreement due to coercion or deception, or if the terms of the arbitration agreement undermine the plaintiff's ability to vindicate their rights, courts can and sometimes do step in and invalidate the contract.

An arbitration hearing is an informal legal proceeding held before a neutral court official called an arbitrator. Arbitration hearings are limited by rule to one hour and take place in the courthouse. The hearings are conducted in a serious but relaxed atmosphere, with the rules of evidence serving as a guide.

An arbitrator may not be deposed or called as a witness to testify concerning anything said or done in an arbitration proceeding in a trial de novo or any subsequent civil or administrative proceeding involving any of the issues in or parties to the arbitration.