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Are Arbitration Clauses Enforceable?

By Juan C. Antúnez on December 28, 2004
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If the likelihood of an estate dispute is high, consideration should be given to including an alternative dispute resolution clause (ADR) in the will and/or trust document.  One possible form of ADR is mandatory arbitration, which is expressly authorized by Florida statute [click here].  An alternative to a mandatory arbitration clause approach is to include a clause in the document that encourages ADR generally and creates negative consequences for unduly litigious behavior. For example:

If there is a dispute or controversy of any nature involving the disposition or administration of this Trust, I direct the parties in dispute to submit the matter to mediation or some other method of alternative dispute resolution selected by them. If a party refuses to submit the matter to alternative dispute resolution, or if a party refuses to participate in good faith, I authorize the court having jurisdiction over the Trust to award costs and attorney’s fees from that party’s beneficial share or from other amounts payable to that party (including amounts payable to that party as compensation for service as fiduciary) as in chancery actions.

Photo of Juan C. Antúnez Juan C. Antúnez

Mr. Antúnez is a Florida native. Prior to law school Mr. Antúnez volunteered for service with the United States Marine Corps Reserve, 4th ANGLICO, West Palm Beach, Florida (1987-1993), including combat operations during the First Gulf War (1990-91). Mr. Antúnez has practiced law…

Mr. Antúnez is a Florida native. Prior to law school Mr. Antúnez volunteered for service with the United States Marine Corps Reserve, 4th ANGLICO, West Palm Beach, Florida (1987-1993), including combat operations during the First Gulf War (1990-91). Mr. Antúnez has practiced law in Florida since 1996. Trusts and estates litigation, probate administration and estate planning is all he does as a lawyer. Mr. Antúnez is the author and publisher of the Florida Probate & Trust Litigation Blog, co-author of the Florida probate chapter of International Succession, published by Oxford University Press, and sole author of the Florida chapter of ADR and Trusts: an international guide to arbitration and mediation of trust disputes, published by Spiramus Press. Mr. Antúnez has previously served as an adjunct law professor for the LL.M. in Estate Planning program at the University of Miami School of Law, and frequently lectures at continuing legal education seminars for professional groups on areas related to trusts and estates. Read More…


Education

LL.M. in Estate Planning, University of Miami School of Law, Miami, Florida, 2003

J.D., New York University School of Law, New York, New York, 1996

B.A., Finance, Florida International University, College of Business, Miami, Florida, 1992

Jurisdictions Admitted to Practice

Florida, 1996

Admissions

All Florida state courts

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court, Middle District of Florida

U.S. District Court, Northern District of Florida

U.S. District Court, Southern District of Florida

Professional & Bar Association Memberships

Florida Bar

Member: Real Property, Probate and Trust Law Section

Member: Elder Law Section

Member: International Law Section

Military Service

4th ANGLICO, United States Marine Corps Reserve, West Palm Beach, Florida, 1987-1993

Honors: Combat Action Ribbon, Kuwaiti Liberation Medal, National Defense Service Medal, Southwest Asia Service Medal, Army Commendation Medal, Meritorious Unit Citation

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  • Posted in:
    Trusts, Estates and Elder
  • Blog:
    Florida Probate & Trust Litigation Blog
  • Organization:
    Stokes McMillan Antúnez Martinez-Lejarza P.A.
  • Article: View Original Source

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