How Courts Use This Authority
Probate and trust disputes can be expensive, emotionally draining, and slow. This statute gives the court a practical tool: the ability to direct disputing parties into arbitration or alternative dispute resolution (ADR) rather than letting every disagreement play out in front of a judge.
In a proceeding brought pursuant to this title the court may require arbitration of a dispute pursuant to the requirements of section 12-133, subsections B through L, or order alternative dispute resolution.
A.R.S. § 14-1108The word "may" is important here. The court is not required to order arbitration or ADR. It has the discretion to do so when it determines the dispute could benefit from a more streamlined resolution process. The arbitration follows the same procedural rules outlined in A.R.S. 12-133, which governs court-ordered arbitration across Arizona.
What This Means for Families
Estate and trust disputes often involve family members who disagree about distributions, trustee decisions, or the validity of documents. A full trial can deepen those rifts and drain estate assets through attorney fees. ADR offers a less adversarial path. Mediation, for example, brings a neutral third party to help the sides find common ground. Arbitration provides a binding decision from a neutral arbitrator, typically faster than waiting for a trial date.
For families navigating a probate or trust disagreement, understanding that the court has this option can help set realistic expectations. Not every dispute goes to trial, and in many cases, a resolution outside the courtroom preserves both relationships and resources.