Arbitration Case Statement For Multiple Columns In North Carolina
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Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.
You have a difficult decision to make, although it may not matter whether you sign the “agreement” or not. If you continue to work after you are informed that a forced arbitration agreement governs your employment, you may be bound by it, even if you refuse to sign it.
Type of Cases That May be Ordered to Arbitration Rule 2 of the Arbitration Rules asserts that: “All civil actions filed in the district court division are subject to court-ordered arbitration under these rules in ance with the authority set forth in N.C.G.S.
Sample Clauses Providing for Ad Hoc Arbitration. “Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in ance with the UNCITRAL Arbitration Rules as at present in force.”
Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.
If possible, avoid the use of technical jargon or "shop talk." Remember that the arbitrator may not know the details of your work or the Postal Service. However, if you must use "shop talk" to clarify a point, be sure to briefly define what you mean.
In conclusion, an effective opening statement will tell the arbitrator in a concise, courteous fashion exactly what the factual situation in the case is, what the issues are, how the advocate wants the arbitrator to rule on the issues, and exactly what relief is being requested.
The arbitrator's decision can give parties a realistic idea of the outcome of their case. If neither party appeals the decision, it will be binding, like an order by a judge. However, a party unhappy with the arbitrator's decision can request a new trial before a judge.
After a motion to compel is granted by a court, the parties are required to proceed with arbitration. If the resisting party continues to refuse to engage in the arbitral process, the arbitral proceedings can continue without that party.
If arbitration is mandatory by contract, then the parties do not have the flexibility to choose arbitration upon mutual consent. In these cases, one party can force the other party to go to arbitration, even a jury trial maybe more advantageous to the other party.