Alternative Dispute Resolution in Wills and Trusts

Alternative Dispute Resolution (ADR) can provide alternatives to court proceedings. It might include mediation, or arbitration, or a simplified trial proceeding of some kind. But does alternative dispute resolution have any place in your will or trust? It might. One way people often try to limit disputes is to include an “in terrorem” clause. Such clauses are sometimes called “no contest” provisions. But maybe you’d like to force any contestant to use a simplified, low-conflict approach to dispute resolution. Consider an ADR provision in your will or trust. Or, for that matter, in your financial or health care power of attorney.