What to Know About Alternative Dispute Resolution Options in Probate

Challenges in Alternative Dispute Resolution

Alternative dispute resolution (ADR) can offer a more flexible approach to resolving probate disputes, yet it is not without its challenges. One significant issue is the potential power imbalance between parties. When individuals come to mediation or arbitration, disparities in knowledge or negotiating skills can hinder fair outcomes. This may especially be evident when one party has greater familiarity with the legal process or access to legal resources.

Another challenge lies in the enforceability of decisions reached through ADR methods. While mediation aims for mutual agreement, failure to reach a consensus can lead to unresolved issues that must still be handled through conventional litigation. In the case of arbitration, parties may find that even though the decision is binding, the complexities of estate laws can complicate enforcement. These factors can contribute to delays and additional costs, which some individuals seek to avoid when opting for ADR in the first place.