A hot issue percolating among the states is whether a clause in a will or trust requiringalternative dispute resolution — usually arbitration — should be enforced by the courts. While initially courts appeared to frown on such provisions, the trend has shifted recently, particularly with a ruling by the Texas Supreme Court upholding such a clause.
For a number of years, drafters have searched for ways to eliminate, or at least curtail, court proceedings as to estates and trusts, in the planning stage. Indeed, some websites contain sample standards and clauses. For instance, the American Arbitration Association website not only has rules for the arbitration of estate and trust disputes, but clauses to use in an effort to direct the parties to alternative dispute resolution.
