Arbitration
Rules & Mediation Procedures Including Procedures for Large, Complex
Commercial Disputes
Every year billions of dollars are administered by
executors and trustees.
Wills, transferring property to beneficiaries, are the
most frequently used instruments, but family trusts, charitable trusts, and
commercial trusts are growing in use and scope.
Occasionally, disputes arise over whether those funds
are being properly administered and whether the governing will or trust is
being interpreted correctly by the fiduciary.
Commercial trusts experience internal disputes between
claimants and trustees concerning governance and impartiality, and between
different classes of investors.
Many of these disputes can be resolved by the use of
mediation or arbitration, processes that provide parties with an alternative
means to resolve their disputes.
Mediation is a voluntary process of reaching a
mutually acceptable settlement with the assistance of a neutral third party
acting as a mediator.
Arbitration is the voluntary submission of a dispute
to an impartial person or persons for final and binding determination.
Arbitration is an effective way to resolve these
disputes privately, promptly, and economically, utilizing as the arbitrator a
lawyer or lawyers with substantial experience in the area of wills, trusts and
estates.
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