Abraham J. Gafni, Neutral, Mediator and Arbitrator with ADR Options. Courtesy photo ADR
Parties agree to mandatory arbitration for various reasons. These may include a desire for a rapid decision, avoidance of appeals, relaxed rules of evidence, opportunity to select the arbitrator, reduced costs and confidentiality.Are Mandatory Arbitration Clauses Enforceable Against Trustees and Beneficiaries?
What should be fully recognized, however, is that before inserting a mandatory arbitration provision into a trust (and perhaps a will as well), attention should be given to whether statutory or case law will allow it to be enforced in the face of an objection by the trustee or beneficiary.
August 15, 2022 at 11:29 AM
7 minute read
Abraham J. Gafni, Neutral, Mediator and Arbitrator with ADR Options. Courtesy photo
ADR
Parties agree to mandatory arbitration for various reasons. These may include a desire for a rapid decision, avoidance of appeals, relaxed rules of evidence, opportunity to select the arbitrator, reduced costs and confidentiality.
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