PLEASE NOTE: our office remains open and available to serve you during the COVID-19 crisis. We are offering our clients the ability to meet with us in person or via telephone. Please call our office to discuss your options.
Contact us for free initial consultation
336-794-6194 800-266-4503
Main Menu

Why arbitration is ideal for resolving construction disputes

Arbitration is a type of alternative dispute resolution (ADR). This approach to resolving differences with another party contrasts with litigation. Many construction contracts include arbitration clauses in them. These require homeowners and contractors to try to resolve their differences with the help of an arbitrator or mediator instead of in a North Carolina courtroom in front of a judge.

One of the main reasons why North Carolina construction contracts frequently contain arbitration clauses is because pursuing this approach to dispute resolution often results in quicker settlements than litigation does.

Judges here in Winston-Salem operate on schedules. They only have a limited amount of time set aside to hear each case on their calendars. If they can't get the plaintiff and defendant to reach an agreement during one of these hearings, then they'll often have to schedule another one. Weeks or months may pass before the next hearing is held.

Arbitration is much different in this respect. An arbitrator presides over these types of proceedings. They generally take place at that individual's office instead of in a courtroom.

The arbitrator is an independent, third party. Their sole goal is to help guide the two opposing parties toward a compromise. That individual is responsible for typing up the settlement that both sides have agreed to and submitting that document to the court. A judge will generally review and sign off on it making it a court order.

Many contracts call for arbitration because it helps both parties move toward a swifter resolution of their dispute. A common saying is time is money. Litigation can be quite costly as both sides must prepare for their hearings including arranging for depositions of witnesses and arguing their cases in court. Arbitrators often try to find ways to help parties reach cost-effective resolutions to their disputes by eliminating unnecessary and costly outside testimony.

If you and your contractor are having difficulty seeing eye-to-eye about how to best resolve a construction defect case, then you may find that arbitration is the ideal solution for helping the two of you talk through and try to resolve your differences. An attorney can be there for you to protect your interests while you're at the bargaining table. This will ensure that you receive the concessions that you deserve in your case.

No Comments

Leave a comment
Comment Information


  • Dear Randy:
    We were all so impressed by your knowledge, thoroughness and presentation. You have done a wonderful job representing my son and we all are grateful for the diligence put forth.
    Mary G. Raleigh, NC
  • I wish it were under different circumstances that we met but at the same time so glad I did. You are awesome. Take care Randy.
    Jessalyn M. King, NC
  • Thank you Randy for everything you did to help us find a resolution.
    Mike C. Kernersville, NC.
  • I recommend the law offices of Randolph M. James. He and his associate kept me informed throughout my case and were very knowledgeable about the facts surrounding my situation. Because of their experience, they were able to guide me to the proper venue where the judiciary was qualified to deal with complex issues such as mine. Thus, we received a favorable outcome. Should I need legal counsel in the future, I would obtain the services of Randolph M. James again.
    Ray K. (Business owner/developer)
Aircraft Owners And Pilots Association Certified Mediator The National Trail Lawyers, Top 100 Trial Lawyers Angel Flight West

Winston-Salem Office
116 North Spruce Street
Winston-Salem, NC 27101

Toll Free: 800-266-4503
Phone: 336-794-6194
Fax: 336-724-9722
Map & Directions

Oak Island Office
8821 East Oak Island Drive
Suite 1
Oak Island, NC 28465

Map & Directions

Review Us