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Unlike public court litigation, arbitration ensures confidentiality without leaving behind a public record of filings, preserving the privacy of the involved parties.
While arbitrations are held behind closed-doors and remain shielded from non-parties absent consent by both the parties and the Panel, the onus to maintain confidentiality is only on the arbitrators themselves?not the parties. There must be a clear agreement to maintain confidentiality.
Arbitration is generally confidential, and documents submitted in arbitration are not publicly-available, unlike court-related filings. However, if an award is issued at the conclusion of the case, FINRA posts it in its Arbitration Awards Online Database, which is publicly available.
Arbitration hearings are not recorded; however, a party may make a stenographic record of the proceeding at their own expense.
There is a $100 fee for arbitration.
American Bar Association research suggests that average arbitration cases take about seven months, while average litigation can take from 23 ? 30 months depending on the court schedule.
Under G.S. 7A-37.1 and the Supreme Court Rules for Court-Ordered Arbitration in North Carolina, all district court civil cases involving claims for money damages of $25,000 or less are eligible for arbitration.
The Arbitration Awards Online system provides the general public with access to FINRA Arbitration Awards ("Awards"). The site maintains Awards from May 1989 to the present. Users may search for Awards by any of the following search parameters: Case Number or Document Text.