North Carolina Dispute Resolution Policy

State:
Multi-State
Control #:
US-152EM
Format:
Word; 
Rich Text
Instant download

Description

This form offers an explanation as to general policy concerning dispute resolution. Modify as needed.

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FAQ

Dispute resolution methodsarbitration.mediation.conciliation.case appraisal.

It is a legal process. When all the above efforts have failed the solutions through adjudication are sought to the disputes. Adjudication means determining solutions to the disputes through court. Under adjudication the disputes are settled through labour courts and industrial tribunals and national tribunals.

The North Carolina Dispute Resolution Commission was established in October of 1995, pursuant to N.C. Gen. Stat. § 7A-38.2. The Commission is charged primarily with certifying and regulating private mediators who serve the courts of this State.

There are many types of dispute resolution processes, but arbitration; mediation; and negotiation are the three most common types of alternative dispute resolution. Negotiation is the least formal type of ADR.

Dispute resolution processes fall into two major types: Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome. Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement.

Litigation is generally thought of as the process of resolving rights-based disputes through the court system, from filing a law suit through arguments on legal motions, a discovery phase involving formal exchange of information, courtroom trial and appeal.

Here's a review of the three basic types of dispute resolution to consider:Mediation.Arbitration.Litigation.

The most common types of ADR for civil cases are mediation, settlement conferences, neutral evaluation, and arbitration.

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North Carolina Dispute Resolution Policy