QUESTION

Is it best to get an arbitrator or some other type before filing a civil suit

Asked on Oct 31st, 2018 on Civil Litigation - Kansas
More details to this question:
Sister is an Executor BUT has not followed the will. Has had my deceased mother sign over money to her. Mother had bad dementia. She has also taken the bulk of an annuity. Civil suits are expensive and take a long time. How do I resolve this. Brother and I were left out.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Arbitration is by agreement, so unless you have an agreement to arbitrate this dispute, or can get one, you can't arbitrate it.  Moreover, you are correct that civil suits are long and expensive but arbitrations, while generally shorter, can be just as expensive.  Also, while the costs of a civil suit are generally more concentrated at the end (there's plenty of expense in earlier stages, but the greatest expense is preparing for and conducting a trial) so that you can get off relatively cheaply if you settle the case early, arbitration expenses are more frontloaded.  There are, depending on the amount at issue, substantial fees involved in starting an arbitration.  You might consider starting a lawsuit and then trying to mediate the dispute through the Court; most courts have mediation programs available.
Answered on Oct 31st, 2018 at 2:24 PM

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