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MA H3324

MA H3324
To adopt the uniform family law arbitration act


summary

Introduced
01/22/2019
In Committee
01/22/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

Relative to uniform family law arbitration. The Judiciary.

AI Summary

This bill aims to adopt the Uniform Family Law Arbitration Act in Massachusetts. The key provisions are: 1. It defines important terms like "arbitration agreement," "arbitrator," "child-related dispute," and "family law dispute." 2. It outlines the scope of the Act, which covers arbitration of family law disputes but excludes certain matters like divorce and termination of parental rights. 3. It specifies requirements for a valid arbitration agreement, including that it must be in writing and identify the dispute(s) to be arbitrated. 4. It provides procedures for initiating arbitration, selecting and qualifying the arbitrator, and addressing issues of arbitrator impartiality and disclosure. 5. It grants arbitrators various powers, including the ability to issue temporary orders and awards, and outlines protections for parties and children. 6. It establishes processes for confirming, correcting, vacating, and amending arbitration awards, as well as for appealing court decisions related to the arbitration. 7. It grants arbitrators immunity from civil liability and limits their ability to testify about the arbitration proceedings. 8. It states that the Act applies to arbitration agreements made on or after its effective date, unless the parties agree otherwise. The overall purpose is to provide a framework for parties to resolve family law disputes through binding arbitration, while ensuring fairness and protecting the interests of the parties and any affected children.

Committee Categories

Justice

Sponsors (2)

Last Action

Accompanied a study order, see H5081 (on 11/12/2020)

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