GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

S                                                                                                                                                     1

SENATE BILL 593

 

 

Short Title:      Arbitration and Mediation for Business Court.

(Public)

Sponsors:

Senators Barringer, Lee, Newton (Primary Sponsors);  Blue and Smith-Ingram.

Referred to:

Rules and Operations of the Senate

April 5, 2017

A BILL TO BE ENTITLED

AN ACT to provide for the establishment of an arbitration and MEDIATION program for the North carolina business court.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 7 of Chapter 7A of the General Statutes is amended by adding a new section to read:

"§ 7A‑45.6  Arbitration and mediation programs for Business Court.

In order to make North Carolina a leading jurisdiction for the resolution of business, commercial, financial, and other legal disputes, the Director of the Administrative Office of the Courts, in consultation with the Chief Justice of the Supreme Court, shall themselves, or through the North Carolina Dispute Resolution Commission, establish a program within the North Carolina Business Court, including how parties may make themselves subject to the jurisdiction of said program, required qualifications and trainings for arbitrators, and requirements for persons who may represent parties in arbitration proceedings for the Business Court. The Director of the Administrative Office of the Courts, after consultation with the North Carolina Dispute Resolution Commission and the Chief Justice, shall further determine the form of appeal for nonbinding arbitrations in cases arbitrated under rules set up under this section. The Director of the Administrative Office of the Courts or through the North Carolina Dispute Resolution Commission may also establish a mediation program for the Business Court, including how parties may make themselves subject to the jurisdiction of said program, required qualifications for mediators, and for persons who may represent parties in mediation proceedings."

SECTION 2.  This act is effective when it becomes law.