Justice Oliver Wendell Holmes, Jr., said it best: “The life of the law has not been logic; it has been experience.”1 This means the law's ability to accommodate change will always lag behind legal innovation. In the interim, lawyers must fit new round pegs into old square holes. The introduction of alternative dispute resolution (ADR) into estate and trust matters poses precisely this problem. ADR has made enormous strides in settling complex litigation, taken some of the sting out of ...

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