§ 7A-37.1. Statewide court-ordered, nonbinding arbitration in certain civil actions. - North Carolina Statutes

§ 7A‑37.1.  Statewide court‑ordered,nonbinding arbitration in certain civil actions.

(a)        The General Assembly finds that court‑ordered,nonbinding arbitration may be a more economical, efficient and satisfactoryprocedure to resolve certain civil actions than by traditional civil litigationand therefore authorizes court‑ordered nonbinding arbitration as analternative civil procedure, subject to these provisions.

(b)        The Supreme Court of North Carolina may adopt rulesgoverning this procedure and may supervise its implementation and operationthrough the Administrative Office of the Courts. These rules shall ensure thatno party is deprived of the right to jury trial and that any party dissatisfiedwith an arbitration award may have trial de novo.

(c)        This procedure may be employed in civil actions where claimsdo not exceed fifteen thousand dollars ($15,000), except that it shall not beemployed in actions in which the sole claim is an action on an account,including appeals from magistrates on such actions.

(c1)      In cases referred to nonbinding arbitration as provided inthis section, a fee of one hundred dollars ($100.00) shall be assessed perarbitration, to be divided equally among the parties, to cover the cost ofproviding arbitrators. Fees assessed under this section shall be paid to theclerk of superior court in the county where the case was filed and remitted bythe clerk to the State Treasurer.

(d)        This procedure may be implemented in a judicial district, inselected counties within a district, or in any court within a district, if theDirector of the Administrative Office of the Courts, and the cognizant SeniorResident Superior Court Judge or the Chief District Court Judge of any courtselected for this procedure, determine that use of this procedure may assist inthe administration of justice toward achieving objectives stated in subsection(a) of this section in a judicial district, county, or court. The Director ofthe Administrative Office of the Courts, acting upon the recommendation of the cognizantSenior Resident Superior Court Judge or Chief District Court Judge of any courtselected for this procedure, may terminate this procedure in any judicialdistrict, county, or court upon a determination that its use has notaccomplished objectives stated in subsection (a) of this section.

(e)        Arbitrators in this procedure shall have the same immunityas judges from civil liability for their official conduct. (1989, c. 301, s. 1; 2002‑126, s. 14.3(a); 2003‑284, s.36A.1.)