Mediation and arbitration in the resolution of testamentary disputes: a comparative law study.

Abstract

The research evaluates the viability and effectiveness of probate arbitration to resolve conflicts in testate estates. It begins with an introduction on testamentary conflicts and their causes, followed by a legal analysis of arbitration and the clauses necessary for its implementation. It compares international legislations that employ alternative methods in probate disputes, evaluating legal approaches and practical results. It highlights the reduction of litigation and the preservation of family relationships, considering the challenges of the Ecuadorian context. It concludes that the adoption of probate arbitration in Ecuador could improve the administration of justice, offering less adversarial solutions and fostering a legal culture that values these mechanisms for a fairer and more equitable legal system.