Heirs' Property Disputes: Evaluating ADR Forums to Change the Status Quo

Heirs’ property—a form of communal ownership passed down through generations—is a symbol of family legacy in the South. Disputes between families and developers create a disparate loss of land among Black families in the South, often through court-ordered partition actions. Although some states adopted the Uniform Partition of Heirs Property Act (UPHPA) to reform partition sales, most courts still force sales of the entire property rather than more equitable divisions. This Comment explores various alternative dispute resolution (ADR) forums as a more just and efficient path to resolve heirs’ property disputes. Although the multi-party nature of heirs’ property disputes makes arbitration a less feasible option, mediation and court-appointed neutrals can help the parties resolve the conflict with a greater emphasis on relationship-building and creative solutions. Ultimately, this Comment argues that mandating ADR before traditional partition proceedings can preserve not just property, but the culture, history, and economic stability of communities in the South.