How Courts Use This Authority
Probate 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). Instead of letting every disagreement play out in front of a judge, the court can steer probate matters toward faster, less costly dispute resolution methods.
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.
What This Means for Families
Estate and trust probate 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. Common dispute resolution methods like mediation bring 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 probate matters, understanding that the court has this option can help set realistic expectations. Not every dispute goes to trial. In many cases, a resolution outside the courtroom preserves both relationships and resources.
How ADR Protects Estate Assets
Prolonged probate disputes consume estate assets through legal fees, court costs, and delays. When the court directs parties toward dispute resolution methods like mediation or arbitration, the process typically costs less and takes weeks rather than months. That leaves more of the estate intact for the beneficiaries.
ADR also keeps probate matters private. Court proceedings are public record, but mediation discussions are confidential. For families who value privacy, this is a meaningful benefit.
Even when ADR does not fully resolve the issues, it often narrows the disagreements. That means any remaining probate disputes that do go to trial are simpler and shorter.