Arbitration


#1

He cannot be forced to arbitrate unless the Separation Agreement requires him to do so. If the Separation Agreement requires that he arbitrate, the he is contractually bound to do so and the court will order it. He would only have recourse if he could somehow succeed in setting aside the Separation Agreement.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Helena, what is the difference between mediation and arbitration? Doesn’t everybody that is in a ED lawsuit (or any other lawsuit in NC) have to go through mediation? Even AofA?

During mediation you have to pay your attorney and I assume a mediator. Correct?

What if you cannot afford to pay an attorney to represent you in mediation? Does it go directly to court?

At what point does mediation fail and the dispute is resolved by a judge?


#3

A mediation is a process where both parties select a neutral third party who helps them reach an agreement. The role of a mediator is to act as a facilitator and help the parties reach a resolution, they do not make a decision. If the parties cannot reach an agreement then they are still able to go to court. There is usually a cost associated with hiring a mediator.

An arbitrator is a third party selected by the parties to make a decision in their case. The parties agree to be bound by the decision of the arbitrator and the arbitrator acts as the judge in their case. If the parties choose arbitration they do so in lieu of going to court. There is a cost associated with hiring an arbitrator.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

My new husband is being forced into arbirration with his exwife over what she claims to be breaches of contract. He does not have the money to pay his attorney or for an arbitrator. What will happen if he is “forced” to arbitrate but cannot pay for counsel of the judge? What recourse can he have to defend himself.

The issues are petty and designed to just make him more poor.