Mediation-Statutes

§50-47. Hearing.

§ 50-47. Hearing.Unless otherwise provided by the agreement: (1) The arbitrators shall appoint a time and place for the hearing and notify the Read More »

§50-41. Purpose; short title.

§ 50-41. Purpose; short title.(a) It is the policy of this State to allow, by agreement of all parties, the arbitration of all issues arising from a marital separation or divorce, except for the Read More »

§50-42. Arbitration agreements made valid, irrevocable, and enforceable

§ 50-42. Arbitration agreements made valid, irrevocable, and enforceable(a) During, or after marriage, parties may agree in writing to submit to arbitration any controversy, except for the Read More »

§50-43. Proceedings to compel or stay arbitration.

§ 50-43. Proceedings to compel or stay arbitration.(a) On a party’s application showing an agreement under G.S. 50-42 and an opposing party’s refusal to arbitrate, the court shall order Read More »

§50-44. Interim relief and interim measures.

§ 50‑44. Interim relief and interim measures.(a) In the case of an arbitration where arbitrators have not yet been appointed, or where the Read More »

§50-45. Appointment of arbitrators; rules for conducting

§ 50-45. Appointment of arbitrators; rules for conducting(a) Unless the parties agree otherwise, a single arbitrator shall be chosen by the parties to arbitrate allmatters in dispute.(b) If the Read More »

§50-46. Majority action by arbitrators.

§ 50-46. Majority action by arbitrators.The arbitrators’ powers shall be exercised by a majority unless otherwise provided by the arbitration agreement or this Article. (1999-185, s. 1.)

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§50-48. Representation by attorney.

§ 50-48. Representation by attorney.A party has the right to be represented by counsel at any proceeding or hearing under this Article. A waiver of representation prior to a proceeding or Read More »

§50-49. Witnesses; subpoenas; depositions; court

§ 50-49. Witnesses; subpoenas; depositions; court(a) The arbitrators have the power to administer oaths and may issue subpoenas for attendance of witnesses and for production of books, Read More »

§50-51. Award; costs.

§ 50-51. Award; costs.(a) The award shall be in writing, dated and signed by the arbitrators joining in the award, with a statement of the place where the award was made. Where there is more
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§50-52. Change of award by arbitrators.

§ 50‑52. Change of award by arbitrators.(a) On a party’s application to the arbitrators or, if an application to the court is pending under Read More »

§50-53. Confirmation of award.

§ 50-53. Confirmation of award.Unless the parties agree otherwise, upon a party’s application, the court shall confirm an award, unless within time limits imposed under G.S. 50-54 through Read More »

§50-54. Vacating an award.

§ 50-54. Vacating an award.(a) Upon a party’s application, the court shall vacate an award for any of the following reasons: Read More »

§50-55. Modification or correction of award.

§ 50-55. Modification or correction of award.(a) Upon application made within 90 days after delivery of a copy of an award to an applicant, the court shall modify or correct the award where at
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§50-56. Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances

§ 50-56. Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances(a) A court or the arbitrators may modify an award
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§50-57. Orders or judgments on award.

§ 50‑57. Orders or judgments on award.(a) Upon granting an order confirming, modifying, or correcting an award, an order or judgment shall be Read More »

§50-58. Applications to the court.

§ 50-58. Applications to the court.Except as otherwise provided, an application to a court under this Article shall be by motion and shall be heard in the manner and upon notice provided by law
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§50-59. Court; jurisdiction.

§ 50‑59. Court; jurisdiction; other definitions.(a) The term “court” means a court of competent jurisdiction of this State. Making an Read More »

§50-60. Appeals.

§ 50-60. Appeals.(a) An appeal may be based on failure to comply with the procedural aspects of this Article. An appeal may be taken from any of the following: Read More »

§50-61. Article not retroactive.

§ 50-61. Article not retroactive.This Article applies to agreements made on or after October 1, 1999, unless parties by separate agreement after that date state that this Article shall apply to Read More »

§50-62. Construction; uniformity of interpretation.

§ 50‑62. Construction; uniformity of interpretation.(a) Certain provisions of this Article have been adapted from the Uniform Arbitration Act Read More »

§50‑41 Family Law Arbitration Act

§ 50‑41. Purpose; short title. (a) It is the policy of this State to allow, by agreement of all parties, the arbitration of all issues arising Read More »