40-16-107. Motion for judicial relief.
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/mt/title-40/chapter-16/part-1/40-16-107·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
40-16-107 . Motion for judicial relief.
(1)A motion for judicial relief under this part must be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.
(2)On motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with 40-16-105 unless the court determines under 40-16-112 that the arbitration should not proceed.
(3)On motion of a party, the court shall terminate arbitration if it determines that:
(a)the agreement to arbitrate is unenforceable;
(b)the family law dispute is not subject to arbitration; or
(c)under 40-16-112 , the arbitration should not proceed.
(4)Unless prohibited by an arbitration agreement, on motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for the fair and expeditious resolution of the family law dispute.