Estate dispute - other side has applied to the Law Society to appoint an arbitrator

Marcon

UncleMorpheus said:

Alphatauri said:

As I understand it mediation is where the two parties come to an agreement via negotiation. Arbitration is where an independent person reviews each parties arguments and decides on the outcome. 

What you will need is to have all your points of difference and your evidence to back up your position. You also need to consider the other parties position and have evidence why it is not fair/reasonable. 

Ahhh, thanks for the clarification.

So surely I have to actively agree to this process? As stated, the other side just applied without even consulting me, first.

I seem to recall from hearing news stories on the TV about workers disputes that, they say things along the lines of "the union and management have agreed to arbitration."

So do you know, do I wait for the Lay Society to contact me to ask that I agree to the process, or am I assumed to be agreeing to the process if don't appeal in some way/write to them to refuse, in a given time?

Thanks.

The Law Society's own guidance says the following:

Include a copy of the agreement which contains the arbitration clause giving the Law Society president the power to appoint.

If the dispute does not involve a document with an arbitration clause, the parties can jointly agree to submit it to arbitration, with the Law Society president named as the appointing authority. We can supply a simple draft agreement for this purpose.

https://www.lawsociety.org.uk/career-advice/individual-accreditations/appointing-an-arbitrator

You say you've been sent a copy of their application. Did it include a copy of such an agreement?

user1977

UncleMorpheus said:

Alphatauri said:

As I understand it mediation is where the two parties come to an agreement via negotiation. Arbitration is where an independent person reviews each parties arguments and decides on the outcome. 

What you will need is to have all your points of difference and your evidence to back up your position. You also need to consider the other parties position and have evidence why it is not fair/reasonable. 

I seem to recall from hearing news stories on the TV about workers disputes that, they say things along the lines of "the union and management have agreed to arbitration."

A completely different type of situation, as industrial disputes don't (usually) have a last resort of going to court to decide e.g. whether or not the employees deserve a pay rise. Whereas I presume your dispute is one which ultimately would be decided by a court if you can't sort it out by another method.

But generally yes, the parties have either agreed to go to arbitration upfront (because it was in a contract) or have agreed to after the dispute arises, and it's only a court action in which you can be "forced" to be a party.

UncleMorpheus

Marcon said:

UncleMorpheus said:

Alphatauri said:

As I understand it mediation is where the two parties come to an agreement via negotiation. Arbitration is where an independent person reviews each parties arguments and decides on the outcome. 

What you will need is to have all your points of difference and your evidence to back up your position. You also need to consider the other parties position and have evidence why it is not fair/reasonable. 

Ahhh, thanks for the clarification.

So surely I have to actively agree to this process? As stated, the other side just applied without even consulting me, first.

I seem to recall from hearing news stories on the TV about workers disputes that, they say things along the lines of "the union and management have agreed to arbitration."

So do you know, do I wait for the Lay Society to contact me to ask that I agree to the process, or am I assumed to be agreeing to the process if don't appeal in some way/write to them to refuse, in a given time?

Thanks.

The Law Society's own guidance says the following:

Include a copy of the agreement which contains the arbitration clause giving the Law Society president the power to appoint.

If the dispute does not involve a document with an arbitration clause, the parties can jointly agree to submit it to arbitration, with the Law Society president named as the appointing authority. We can supply a simple draft agreement for this purpose.

https://www.lawsociety.org.uk/career-advice/individual-accreditations/appointing-an-arbitrator

You say you've been sent a copy of their application. Did it include a copy of such an agreement?

With regards to an "arbitration clause" and an agreement along those lines.

Well I don't think any document could. I mean I certainly haven't signed anything along those lines, so surely we're talking about the will? I'm sure it's a pretty standard will, and standard wills, I would have thought, at least, don't tend to have arbitration clauses? I could be wrong on that.

So if not, it looks like I have to agree to the arbitration?

Thanks.

UncleMorpheus

Ok, after further reading of what I've been sent, and the application they've filled in, things are not quite what I thought, and have got, umm, weirder?
To explain, me and the other side have been in dispute for a while, and it ended up in court. The court ruled both of us should be removed as executors, and they'd assign another, independent solicitor to be the executor.
This all happened about 3 months ago. I assumed this would all happen automatically, and have been waiting patiently since for it to happen. Now it seems the other side's solicitor has suddenly decided that, after 3 months, that this part of the process needs to be applied for and he's decided to use an "Appointment of an Arbitrator" form to do it?! Not to mention pay the fee for it and bill it to the estate without my permission!
See below, from section 12 of the form they've filled:

12.
Amount in dispute
If unliquidated this should be stated
0
Unliquidated.  
We are not seeking an arbitrator to decide a case - rather we require the Law Society to appoint the estate administrator to administer the estate.

The whole thing looks strange to me. It's almost like he doesn't know what he's doing, or there's something untoward going on, else why the 3 month delay and what seems to be an inappropriate form?

Utterly baffling, to me.

sheslookinhot

Tell him to bill the “other side” as that is who he is acting for. Send him the bill back.