Title 32 — Judicial Remedies

In this chapter: 1. "Arbitration agreement" means an agreement that subjects a family law dispute to arbitration. 2. "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration …

1. This chapter governs arbitration of a family law dispute. 2. This chapter does not authorize an arbitrator to make an award that: a. Grants a legal separation, divorce, or annulment; b. Terminates parental rights; c. Grants an adoption or a guardianship of a child or incapacit…

1. Except as otherwise provided in this chapter, the law applicable to arbitration is chapter 32-29.3. 2. In determining the merits of a family law dispute, an arbitrator shall apply the law of this state, including its choice of law rules.

1. An arbitration agreement must: a. Be in a record signed by the parties; b. Identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and c. Identify the family law dispute the parties intend to arbitrate. 2. An agreement in a record to arbit…

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 chapter governing contractual arbitrat…

1. A motion for judicial relief under this chapter 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 …

1. Except as otherwise provided in subsection 2, unless waived in a record by the parties, an arbitrator must be: a. An attorney in good standing admitted to practice or on inactive status or a judge on retired status in a state; and b. Trained in identifying domestic violence an…

1. Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall disclose to all parties any known fact a reasonable person would believe is likely to affect: a. The impartiality of the arbitrator in the arbitration, including bias, a financial …

1. A party may: a. Be represented in an arbitration by an attorney; b. Be accompanied by an individual who will not be called as a witness or act as an advocate; and c. Participate in the arbitration to the full extent permitted under the law and procedural rules of this state ot…

1. Before an arbitrator is selected and able to act, on motion of a party, the court may enter a temporary order in accordance with rule 8.2 of the North Dakota Rules of Court. 2. After an arbitrator is selected: a. The arbitrator may make a temporary award in accordance with rul…

1. In this section, "protection order" means an injunction or other order, issued under the domestic violence, family violence, or stalking laws of the issuing jurisdiction, to prevent an individual from engaging in a violent or threatening act against, harassment of, contact or …

1. An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute. 2. An arbitrator shall provide each party a right to be heard, to present evidence material to the family law dispute, and to cros…

Except as otherwise required by law of this state other than this chapter, an arbitration hearing need not be recorded unless required by the arbitrator, provided by the arbitration agreement, or requested by a party.

1. 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 on by the parties or, if the parties have not agreed on a method, under the law and procedural rules of this state …

1. After an arbitrator gives notice under subsection 1 of section 32-29.4-14 of an award, including an award corrected under section 32-29.4-16, a party may move the court for an order confirming the award. 2. The court shall confirm an award under this chapter if: a. The parties…

On motion of a party made not later than thirty days after an arbitrator gives notice under subsection 1 of section 32-29.4-14 of an award, the arbitrator may correct the award: 1. If the award has an evident mathematical miscalculation or an evident mistake in the description of…

1. On motion of a party made not later than ninety days after an arbitrator gives notice under subsection 1 of section 32-29.4-14 of an award, including an award corrected under section 32-29.4-16, the court shall correct the award if: a. The award has an evident mathematical mis…

1. On motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that: a. The award was procured by corruption, fraud, or other undue means; b. There was: (1) Evident partiality by the arbitrator; (2) Corruption by the arbitrator; or (3) Miscon…

If the meaning or effect of an award confirmed under section 32-29.4-15 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 state other than this chapter governing clarifi…

1. On 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. 2. On motion of a party, the court may order a document or part of the arbitration record be sealed or…

If a party requests under law of this state other than this chapter a modification of an award confirmed under section 32-29.4-15 or judgment on the award based on a fact occurring after confirmation: 1. The parties shall proceed under the dispute-resolution method specified in t…

1. The court shall enforce an award confirmed under section 32-29.4-15, including a temporary award, in the manner and to the same extent as any other order or judgment of a court. 2. The court shall enforce an arbitration award in a family law dispute confirmed by a court in ano…

1. An appeal may be taken under this chapter from: a. An order granting or denying a motion to compel arbitration; b. An order granting or denying a motion to stay arbitration; c. An order confirming or denying confirmation of an award; d. An order correcting an award; e. An orde…

1. 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. 2. The immunity provided by this section supplements any immunity unde…

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act [Pub. L. 106-229; 114 Stat. 464; 15 U.S.C. 7001 et seq.], but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize elect…

This chapter applies to arbitration of a family law dispute under an arbitration agreement made after July 31, 2019. If an arbitration agreement was made before August 1, 2019, the parties may agree in a record this chapter applies to the arbitration.