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In the world of public opinion, alternative dispute resolution still struggles to compete with its crusty cousin – the traditional, costly, and lengthy trial process. For years, parties interested in enforcing arbitration provisions in lieu of trial have wrestled with the obstacle of unclear North Carolina appellate precedent as to whether courts would compel mandatory arbitration when the parties engaged in some initial litigation before moving to enforce the arbitration provision. Fortunately for the up-and-coming arbitration protagonist in this tale, the North Carolina Court of Appeals kicked off 2018 with a bang, clearing up a history of self-described “divergent case law” and handing a win to parties interested in enforcing arbitration provisions.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2018-03-21 16:17:092018-07-21 18:43:56A Win For Arbitration In 2018
Sunday Best: Catch Up On the Week’s Top NCBarBlog Posts
Featured PostsHere’s what NCBarBlog readers found most interesting on our pages this week:
NC Free Legal Answers: Pro Bono At Your Fingertips
NC’s New Expunction Law Offers Juvenile Offenders a Fresh Start
Phyllis Pickett: A Woman for All Seasons
NC Court of Appeals Issues Decisions Analyzing Disability Post-Wilkes
Paralegal Potpourri Friday: PD Annual Meeting, CPE, Awards, Nominations, Etc.
Sunday Best: Catch Up On the Week’s Top NCBarBlog Posts
Featured Posts, UncategorizedHere’s what NCBarBlog readers found most interesting on our pages this week:
Court of Appeals Allows Section 75-1.1 Claim in Context of Residential Real Estate Transaction
An Untapped Source of Savings for State and Local Government Owners of Property
A 12(b)(6) Motion Asserted As Part Of An Answer Will Not Suffice, At Least Not In The NC Business Court
Launching the Appellate Practice Section Blog with Exciting News!
Say Hello To the Small Firm & Technology Section
A Win For Arbitration in 2018
A Win For Arbitration In 2018
Featured PostsBy Tara Muller
This article appeared originally in The Peacemaker, the newsletter of the NCBA’s Dispute Resolution Section.
In the world of public opinion, alternative dispute resolution still struggles to compete with its crusty cousin – the traditional, costly, and lengthy trial process. For years, parties interested in enforcing arbitration provisions in lieu of trial have wrestled with the obstacle of unclear North Carolina appellate precedent as to whether courts would compel mandatory arbitration when the parties engaged in some initial litigation before moving to enforce the arbitration provision. Fortunately for the up-and-coming arbitration protagonist in this tale, the North Carolina Court of Appeals kicked off 2018 with a bang, clearing up a history of self-described “divergent case law” and handing a win to parties interested in enforcing arbitration provisions.
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