Title 36, Civil Remedies And Defenses And Special Proceedings

[§658J-13] Powers and duties of arbitrator. (a) An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute. (b) An arbitrator shall provide each party a right to be heard, to present evidence m…

[§658J-14] Recording of hearing. (a) Except as provided in subsection (b) an arbitration hearing need not be recorded unless: (1) Otherwise required by law of this State other than this chapter; (2) Required by the arbitrator; (3) Provided by the arbitration agreement; or (4) Req…

[§658J-15] Award. (a) An arbitrator shall make an award in a record, dated and signed by the arbitrator. The arbitrator shall give notice of the award to each party by a method agreed upon by the parties or, if the parties have not agreed upon a method, under the law and procedur…

[§658J-16] Confirmation of award. (a) After an arbitrator gives notice under section 658J-15(a) of an award, including an award corrected under section 658J-17, a party may move the court for an order confirming the award. (b) Except as provided by subsection (c), the court shall…

[§658J-17] Correction by arbitrator of unconfirmed award. Upon motion of a party made no later than thirty days after an arbitrator gives notice under section 658J-15(a) of an award, the arbitrator may correct the award: (1) If the award has an evident mathematical miscalculation…

[§658J-18] Correction by court of unconfirmed award. (a) Upon motion of a party made no later than ninety days after an arbitrator gives notice under section 658J-15(a) of an award, including an award corrected under section 658J-17, the court shall correct the award if: (1) The …

[§658J-19] Vacation or amendment by court of unconfirmed award. (a) Upon motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that: (1) The award was procured by corruption, fraud, or other undue means; (2) There was: (A) Evident partiali…

[§658J-2] Definitions. As used in this chapter: "Arbitration agreement" means an agreement that subjects a family law dispute to arbitration. "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or ad…

[§658J-20] Clarification of confirmed award. If the meaning or effect of an award confirmed under section 658J-16 is in dispute, the parties may: (1) Agree to arbitrate the dispute before the original arbitrator or another arbitrator; or (2) Proceed in court under law of this Sta…

[§658J-21] Judgment on award. (a) Upon granting an order confirming, vacating without directing a rehearing, or amending an award under this chapter, the court shall enter judgment in conformity with the order. (b) Upon motion of a party, the court may order that a document or pa…

[§658J-22] Modification of confirmed award or judgment. If a party requests under law of this State other than this chapter a modification of an award confirmed under section 658J-16 or judgment on the award based on a fact occurring after confirmation: (1) Unless otherwise autho…

[§658J-23] Enforcement of confirmed award. (a) The court shall enforce an award confirmed under section 658J-16, including a temporary award, in the manner and to the same extent as any other order or judgment of a court. (b) The court shall enforce an arbitration award in a fami…

[§658J-24] Appeal. (a) An appeal may be taken under this chapter from: (1) An order denying a motion to compel arbitration; (2) An order granting a motion to stay arbitration; (3) An order confirming or denying confirmation of an award; (4) An order correcting an award; (5) An or…

[§658J-25] Immunity of arbitrator. (a) An arbitrator or arbitration organization acting in that capacity in a family law dispute is immune from civil liability to the same extent as a judge of a court of this State acting in a judicial capacity. (b) The immunity provided by this …

[§658J-26] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, title 15 United States Code section 7001 et seq., but does not modify, limit, or supersede…

[§658J-27] Transitional provision. This chapter applies to arbitration of a family law dispute under an arbitration agreement made on or after July 10, 2017. If an arbitration agreement was made before July 10, 2017, the parties may agree in a record that this chapter applies to …

[§658J-3] Scope. (a) This chapter governs arbitration of a family law dispute. (b) This chapter does not authorize an arbitrator to make an award that: (1) Grants a divorce, annulment, or separation under chapter 580; (2) Terminates parental rights under section 571-61 or section…

[§658J-4] Applicable law. (a) Except as otherwise provided in this chapter, the law applicable to arbitration is chapter 658A. (b) In determining the merits of a family law dispute, an arbitrator shall apply the law of this State, including its choice of law rules. [L 2017, c 113…

[§658J-5] Arbitration agreement. (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…

[§658J-6] Notice of arbitration. A party may initiate arbitration by giving notice to arbitrate to the other party in the manner specified in the arbitration agreement or, in the absence of a specified manner, under the law and procedural rules of this State other than this chapt…

[§658J-7] Motion for judicial relief. (a) A motion for judicial relief under this chapter shall 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 …

[§658J-8] Qualification and selection of arbitrator. (a) Except as otherwise provided in subsection (b), unless waived in a record by the parties, an arbitrator shall be trained in identifying domestic violence and child abuse and be: (1) An attorney in good standing admitted to …

[§658J-9] Disclosure by arbitrator; disqualification. (a) Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall make all disclosures as required by section 658A-12. (b) An arbitrator, the parties, and the attorneys representing the parti…