[ §658J-5] Arbitration agreement.

212 words·~1 min read·/hi/658j-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An arbitration agreement shall:

(1)Be in a record signed by the parties;

(2)Identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and

(3)Identify the family law dispute the parties intend to arbitrate.

(b)Except as otherwise provided in subsection (c), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.

(c)An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:

(1)The parties affirm the agreement in a record after the dispute arises; or

(2)The agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.

(d)If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute. [L 2017, c 113, pt of §1]