Chapter 4 - A new mechanism for trust disputes resolution

Principles for evaluating options

If any mechanism is to be pursued, it should achieve the following:

(a)Accessibility − dispute resolution should be accessible for beneficiaries. This means that it should not be too costly for those using it or lead to overly long delays in decisions being made or be too formal. It should allow for early intervention in a dispute.

(b)High-quality decision-making − the dispute resolution mechanism should encourage high-quality, legally sound decisions regarding the potentially complex areas of trust law and equity.

(c)Value − any dispute resolution mechanism would also need to be cost-effective relative to the benefits that it will create and likely caseload. Consideration will need to be given to how much, if any, of the cost should be borne by the Government, and how much should be passed on to those who are using it.