Which process is typically followed to resolve fiduciary disputes?

Resolving fiduciary disputes often involves litigation as a primary process, particularly because these disputes can be complex and may involve legal interpretations of fiduciary duties that need to be adjudicated in a court of law. Litigation allows the parties involved to present their case to a judge or jury, who will then make a ruling based on the evidence and legal standards applicable to the fiduciary relationship in question. This formal process can result in a legally binding decision that enforces accountability and compliance with fiduciary obligations.

Mediation, arbitration, and negotiation, while useful in many disputes, typically serve as alternative dispute resolution methods that may not be legally enforceable in the same way that a court's decision is. Mediation seeks to facilitate a mutual agreement between parties with the assistance of a neutral third party, arbitration involves a neutral third-party decision-maker who renders a binding decision outside of court, and negotiation is generally an informal discussion between parties aiming to reach a compromise. However, these methods may not always provide the level of legal resolution or enforceability that litigation offers, especially in matters pertaining to fiduciary responsibilities, which often require clarity and formal adjudication to protect the rights and obligations of all parties involved.

Thus, litigation is considered the most definitive and enforceable option