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What's Next with the Courts During COVID - Mediation, Arbitration and the Difference between them

Posted by Kathleen Murphy | Apr 02, 2020 | 0 Comments

Do you have an upcoming court date?  Many cases were re-scheduled in early March, 2020 due to COVID and some of those cases still do not have new court dates.  We will be facing a long back log due to this COVID and our office will continue to engage in the mediation process as an alternative to court.   

Domestic Violence cases are considered essential cases by the courts so we are still handling those matters under a "business as usual" code of operation.

Private arbitration is an option if your case is going on too long because of the back log.  Private arbitration is the hiring of a lawyer to act as a judge.  Your case proceeds just as it would in court but in a conference room instead.   The NC Family Law Arbitration Act is the source for the rules associated with arbitration.

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_50/Article_3.pdf

At this juncture, Arbitration is such a great alternative to appearing in court.

The difference between arbitration and mediation can be explained simply in that mediation is not binding on the parties unless they both mutually agree to be bound by the agreement and arbitration is where a legal decision is handed down by a private "judge", the arbitrator.

About the Author

Kathleen Murphy

Kathleen Murphy is graduate of North Carolina State University with a B.A. in Political Science, 1985. She attended Campbell University Law School and received her Juris Doctorate, 1988. Ms. Murphy has been a family law attorney for over 30 years and has limited her practice solely to family law since 1988. Ms. Murphy is a member of the North Carolina State Bar, North Carolina Bar Association, NCBA Family Law Section Member, is a trained Family Financial Mediator and a trained Child's Advocate. Ms. Murphy is married to a City of Raleigh Firefighter and has four children, three daughters (27) (22) and (18) and a 12 year old son. Ms. Murphy is a contributor to an International podcast. Crime Stories with Nancy Grace is broadcasted daily and you can hear Ms. Murphy's comments on cases involving victims of family crimes and the impact of family court.

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