Med-Arb: A Modern Tool For Efficient Will Dispute Resolution

Raj Shah, Jindal Global Law School

INTRODUCTION

Tracing through the evolution of Modernization, we can witness a change in family systems. With every generation families are getting smaller and separated. Over a few decades, We have seen a paradigm shift from Joint family systems to Nuclear family systems. With this change disputes within the family are bound to occur. Disputes may include divorces, property disputes, will disputes and such others.

This paper essentially makes an attempt to go beyond the conventional methods like that of Litigation, Arbitration and Mediation while resolving sensitive methods like Will disputes, and proposes to rely on Med-Arb and its variations in order to come to amicable resolutions. The first part explains how litigation is not the most ideal for will contestations. The second part deals with how Mediation and Arbitration individually fail to resolve such disputes. The third part focuses on Med-Arb and how it is more ideal than the conventional methods. It also includes a critical analysis of the process and answers the criticisms.