Does your Florida trust charter need a dispute resolution clause? What has your Florida probate lawyer explained about alternative dispute resolution clauses? These may also be called arbitration or mediation clauses. What are the pros and cons of these clauses in your estate plan? Check out this recent appeal from the Third District Court of Appeal to learn more.
Arbitration and Alternative Dispute Resolution
- The truth is Florida probate litigation can be time consuming and expensive.
- Especially when there is a lot to fight over.
- Florida estate attorneys know that the more there is to fight over the more people are willing to stretch cases out to win.
- Who pays for all of this in the end?
- Among other parties, the Florida estate can take a big hit from legal fees.
- That is why many estate attorneys Florida are including dispute resolution clauses in their trust documents.
- These proscribe the procedure for determining the winner of a dispute.
- What is the point of these in estate litigation Florida?
- Often times these clauses appoint a third party dispute resolution company like the American Arbitration Association (“AAA”) to oversee a dispute.
- This keeps it out of Probate Court, Florida.
- Why does this matter?
- Parties to an arbitration waive certain rights in a dispute to due process and appeal, etc.
- Do you want one of these clauses in your estate plan in Florida?
- Talk to a Florida probate lawyer to learn the pros and cons.
- Also what happens when someone ignores the clauses?
- To learn that check out this recent case from the Third District Court of Appeal in Miami.
Glasswall, LLC v. Monadnock Construction Inc.
- This was a complicated dispute between two parties but at the heart of the litigation was dispute resolution issues.
- One party had filed their dispute in trial court and the other with the arbitrators.
- The parties had a dispute about which case should be stayed and which one should proceed.
- Can a party collect damages when they are dragged to court despite their being an arbitration clause?
- What other concerns do Florida probate lawyers need to consider when they are drafting a Florida trust document with an alternative dispute resolution clause?
Want to learn more?
Check out the entire case by clicking here.
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