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Trust Litigation & Disputes: Mediation and Arbitration

Because probate, trust and estate litigation is often quite complex and expensive (e.g, breach of trust, trustee removal, trust contests),  many estate planning and drafting attorneys have included provisions to try to avoid or expedite these problems if a dispute arises down the road. An increasingly common way they combat this is by including mandatory […]

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Judicial Review of Arbitration Awards

Arbitration is when a third-party or panel of individuals (i.e., arbitrator(s)) makes a binding decision resolving a dispute. It is often conducted in lieu of litigation to avoid the costs and expenses of a trial. The normal rules of evidence and procedure present in litigation do not exist with an arbitration.  “Given the purposes of […]

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Motion to Compel Arbitration/Mediation, Contracts

Given the high cost of litigation, many contracts will call for mediation or arbitration as a way to avoid a traditional lawsuit. For the sake of clarity, an arbitration is where parties agree to resolve a dispute in front of a neutral third-party and agree to be bound by the third-party’s decision. This is very common […]

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Difference Between Mediation and Arbitration

In more complex cases, there has been a growing trend to opt for mediation or arbitration either before litigation commences or immediately after it commences. As any seasoned litigation attorney can attest, the expense and cost of litigation can be enormous. Cases can take several years to complete at the trial level. If there is […]

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