How to initiate arbitraton

[AK1978]

Jurisdiction

Kansas

Hello, thanks in advance for any feedback.

I sold a food truck operation in Kansas to friends that I love but have to draw the line with as they are way behind on payments. I've been too lenient, to my own detriment. I've told them that the question is being called. I believe they will pay but I must take real steps to seek remedy in case they don't follow through.

We drafted and signed a contract that called for arbitration as first remedy for disputes. I do have a documented lien on the vehicle.

How do I officially demand for remedy and insist that arbitration begin?

 

[adjusterjack]

You might find the answers in the Kansas arbitration statutes:

Chapter 5.—ARBITRATION AND AWARD

Or in the Kansas Supreme Court's procedural manual:

http://www.kscourts.org/pdf/adr/disresmanual.pdf

 

[AK1978]

Hi Jack,

Thanks for the info. It was very helpful.

My understanding now is that arbitration doesn't bypass the court system unless both parties are willing to attend. Furthermore, non-binding arbitration is just a moderated suggestion of how to resolve the issue. As with all dispute related decisions, arbitrated or court awarded, enforcement is another chapter altogether.

I'm glad I have a lien on the vehicle. I know I can repossess and have a bargaining chip.