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Arbitration in Family Disputes: When It May Be an Option

💡 Key takeaways

Arbitration may be an option for some family disputes involving company shares, contracts, or jointly owned property. Whether it applies depends on the agreement, parties, and law.

When a family disagrees over company shares, contracts, or jointly owned assets, arbitration may be an option in some cases. It cannot replace the courts for every dispute or every inheritance matter.

First, Identify the Type of Dispute

Clarify whether the issue concerns a contract or business, property rights, or personal status and estate administration. Then check whether the contract contains an arbitration clause and whether every relevant party is a party to that contract.

Before Agreeing to Arbitration

Read the clause’s scope, costs, location, language, method for selecting an arbitrator, and the effect of an award. If the dispute is outside the agreement or the law does not allow it to be decided by arbitration, court proceedings or another process may be required.

Options for Resolving the Conflict

List the issues the parties agree and disagree on, and collect contracts, property documents, and company resolutions. Ask a lawyer to assess whether negotiation, mediation, court proceedings, or arbitration may be available.

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Kanngongkanngoen Editorial Team

We create clear educational content about personal finance, investing, and debt management, with an emphasis on accuracy and transparency.