What is a joinder of parties in arbitration?

A joinder of parties in arbitration, also referred to as party joinder, is the process of adding additional parties to an arbitration proceeding. This process is different than the normal litigation process of “joining” parties, which is the process of adding individuals to a lawsuit. In arbitration, joinder is instead a way for a third party to be included in a dispute that has already been filed for arbitration. In Kansas, the joinder process is outlined in Kansas Statute 5-101, which states that “any party may be joined in an arbitration proceeding as a party or respondent” if certain requirements are met. These requirements include that the joining party must have a beneficial interest in the subject matter of the arbitration, or have an interest that is substantially affected by the arbitration. Additionally, the joining party must have agreed to the arbitration by contract or in writing, and be subject to the jurisdiction of the arbitrator. Once the requirements for joinder have been met, the party can be added to the arbitration. This may happen prior to the commencement of the arbitration, or even during the arbitration process. The joinder of additional parties can be beneficial to the arbitration, as it adds a different perspective on the dispute and can lead to a more comprehensive, thorough, and equitable resolution.

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