All Roll Calls
Yes: 144 • No: 0
UtahS.B. 1172025 General SessionSenate
Uniform Family Law Arbitration Act
Sponsored By: Michael K. McKell (Republican)
Signed by Governor
FamilyJudicial OperationsUniform LawsCivil LitigationCivil Procedure
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Bill Overview
Analyzed Economic Effects
9 provisions identified: 4 benefits, 1 costs, 4 mixed.
Families can seek temporary arbitration relief
A party can request a temporary court order before an arbitrator is selected and able to act. After selection, arbitrators may issue temporary awards. Courts can still act on urgent requests when the arbitrator cannot respond in time or provide an adequate remedy. A party who wins a temporary award can request fast court confirmation, which is required unless the court sets aside or changes it. Before final confirmation, courts may review temporary awards and, on request, enforce subpoenas or interim awards needed for fair, prompt resolution.
Families get arbitrator training and disclosures
Unless parties waive the requirements in a record, arbitrators must meet attorney qualifications and have judicial-level domestic violence and child-abuse training. Qualifying attorneys may be admitted in Utah or another state, including those on inactive status. If the chosen arbitrator cannot serve or the selection method fails, a court must choose one on a party's request. Arbitrators must investigate and disclose known facts affecting fairness or timely decisions before serving; arbitrators, parties, and lawyers have continuing disclosure duties. A party must request a court pause within 30 days after knowing, or reasonably being expected to know, of a missing disclosure; other remedies include timely award challenges or relief after confirmation.
Family awards need court confirmation
Arbitrators must give parties notice of a dated, signed written award, generally with reasons unless parties waive them. Child-related awards must include the reasons Utah requires for family-court orders, even when parties agree otherwise. Awards become enforceable judgments only after court confirmation. Courts must confirm when parties agree in a record or challenge deadlines expire with no motion pending; child-related awards also need findings of legal compliance and the child's best interests. Utah courts enforce confirmed awards, including temporary awards, like court orders and recognize awards confirmed by other states' courts like other out-of-state judgments.
Safety protections for families in arbitration
Arbitrators must pause arbitration and refer parties to court when a protection order applies or safety or effective participation is at risk. Restarting requires the at-risk person's recorded agreement and court findings that it is informed and voluntary. The court must also find arbitration consistent with any protection order and that reasonable safeguards prevent harm, harassment, or intimidation. Arbitrators may issue temporary protective awards, and parties can ask courts to review safety decisions or those awards. An arbitrator who reasonably suspects abuse or neglect of the child in dispute must end that child-related arbitration and report to Utah's child-welfare agency.
Courts oversee family arbitration and limits
Arbitrators must apply Utah law, including its rules for choosing which state's law applies; Utah's general arbitration law fills gaps. Arbitrators cannot grant divorce, legal separation, annulment, adoption, or guardianship of a minor or incapacitated person. They also cannot end parental rights or decide whether a child is abused, neglected, or dependent. On a party's request, courts may compel arbitration under a valid agreement, but must stop cases barred by agreement, subject-matter, or safety rules. Courts may combine arbitrations involving the same parties and a common issue when needed for fair, prompt resolution, unless the agreement prohibits it.
Families get award review with deadlines
Parties have 30 days after notice to request arbitrator correction of specified errors or clarification of an unconfirmed award. Court requests to correct, set aside, or amend generally must come within 90 days after notice of the award or corrected award. Review grounds include fraud, bias, misconduct, prejudicial hearing errors, excess authority, no valid agreement, or improper starting notice. Child-related awards face added review for legal compliance, inadequate records, and the child's best interests; courts may amend rather than discard them when that serves the child. Parties can ask a court to clarify a confirmed award or agree to arbitrate its meaning. Changes based on later facts must follow the award's or judgment's named dispute process; without one, arbitration requires agreement, otherwise court procedures apply.
Family hearing rights come with costs
Each party must have a chance to speak, present relevant evidence, and question witnesses; hearings may be remote. Parties can have lawyers and bring a support person who is neither a witness nor an advocate. Unless parties agree otherwise in a record, arbitrators may order discovery, appoint experts or child representatives at the parties' expense, and allocate fees and costs. Arbitrators can impose family-court-standard sanctions; one-sided communications are limited to those allowed with a family-court judge. Child-related hearing portions require a requested word-for-word recording; other portions need recording when state law, the agreement, arbitrator, or a party requires it.
New rules for family arbitration agreements
Utah's law takes effect May 7, 2025, and covers family arbitration agreements made on or after that date. Parties with earlier agreements can opt in through a recorded agreement. Agreements must be signed records identifying the dispute and an arbitrator, arbitration organization, or selection method; compliant agreements are generally binding. An agreement covering a later child-related dispute needs recorded reaffirmation after the dispute arises, unless court-approved during a family-law case. To start arbitration, a party must give notice as the agreement requires, or follow Utah's contractual arbitration rules.
Arbitrator protections can raise lawsuit costs
Family-law arbitrators and arbitration organizations receive the same civil-liability protection as Utah judges acting in their judicial role. Arbitrators generally cannot be forced to testify or provide records about their arbitration work. Exceptions cover their own claims and specified hearings to set aside awards. In proceedings against an arbitrator, courts must award reasonable legal fees, costs, and litigation expenses when they find immunity or protection from compelled evidence.
Sponsors & Cosponsors
Sponsor
Michael K. McKell
Republican • Senate
Cosponsors
Jordan D. Teuscher
Republican • House
Roll Call Votes
House vote • 2/21/2025
House/ passed 3rd reading
Yes: 67 • No: 0
House vote • 2/18/2025
House Comm - Favorable Recommendation
Yes: 9 • No: 0
House vote • 2/18/2025
House Comm - Consent Calendar Recommendation
Yes: 9 • No: 0
Senate vote • 2/5/2025
Senate/ passed 3rd reading
Yes: 28 • No: 0
Senate vote • 2/4/2025
Senate/ passed 2nd reading
Yes: 26 • No: 0
Senate vote • 1/24/2025
Senate Comm - Favorable Recommendation
Yes: 5 • No: 0
Actions Timeline
Governor Signed
3/25/2025Senate/ to Governor
3/13/2025SenateSenate/ received enrolled bill from Printing
3/13/2025SenateSenate/ enrolled bill to Printing
3/6/2025SenateEnrolled Bill Returned to House or Senate
3/6/2025Draft of Enrolled Bill Prepared
2/25/2025Bill Received from Senate for Enrolling
2/25/2025Senate/ signed by President/ sent for enrolling
2/21/2025SenateSenate/ received from House
2/21/2025SenateHouse/ to Senate
2/21/2025HouseHouse/ signed by Speaker/ returned to Senate
2/21/2025HouseHouse/ passed 3rd reading
2/21/2025HouseHouse/ 3rd reading
2/21/2025HouseHouse/ 2nd reading
2/19/2025HouseHouse/ comm rpt/ placed on Consent Calendar
2/19/2025HouseHouse Comm - Consent Calendar Recommendation
2/18/2025HouseHouse Comm - Favorable Recommendation
2/18/2025HouseHouse/ to standing committee
2/11/2025HouseHouse/ 1st reading (Introduced)
2/5/2025HouseHouse/ received from Senate
2/5/2025HouseSenate/ to House
2/5/2025SenateSenate/ passed 3rd reading
2/5/2025SenateSenate/ 3rd reading
2/5/2025SenateSenate/ passed 2nd reading
2/4/2025SenateSenate/ 2nd reading
2/4/2025Senate
Bill Text
Enrolled
3/6/2025
Introduced
1/14/2025