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Should your trust include an arbitration provision?

There are many details to take note of as you create your California estate plan. One of them may be deciding whether or not to include a provision for arbitration. This is a form of dispute mediation that can serve a definite purpose. However, there are legal experts who see it as a double-edged sword.

A decision reached can’t always be enforced

There are many reasons that people involved in an estate plan dispute turn to arbitration. One of the most common is that they believe doing so can help them to avoid a long and costly bout of trust litigation. They will therefore gladly agree to sit down with an impartial person who will hear both sides.

The main issue with arbitration is that the judgment reached is not always able to be enforced. This can be true even if both sides agree in advance to submit to the decision of the arbitrator. As a result, there is always a chance that you can find yourself arguing in court even after the arbitration has finished.

Finding the right arbitrator is crucial

Successful estate planning may involve more than its share of compromise. One of them may be choosing the right arbitrator to smooth over any disputes that may arise. In most cases, an arbitrator is given the power by both parties to enforce their final decision. This is why the person who is chosen for the task needs to be completely impartial.

Arbitration is often the last resort before one or both parties choose to file a case in court. For this reason, the arbitrator you choose needs to be an expert at finding compromises that will suit the needs of the disputants. The decision they reach needs to be well researched, fair, and equitable.