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Bill > H1630


MA H1630

MA H1630
To adopt the uniform family law arbitration act


summary

Introduced
03/29/2021
In Committee
03/29/2021
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

192nd General Court

Bill Summary

Relative to uniform family law arbitration. The Judiciary.

AI Summary

This bill adopts the Uniform Family Law Arbitration Act in Massachusetts. The key provisions include: - Defining terms related to family law arbitration, such as "arbitration agreement," "arbitrator," "child-related dispute," and "family law dispute." - Specifying the scope of the Act, which governs arbitration of family law disputes but does not authorize an arbitrator to grant a judgment of divorce or termination of parental rights. - Outlining the requirements for a valid arbitration agreement, including that it must be in writing and identify the family law disputes to be arbitrated. - Establishing procedures for initiating arbitration, selecting an arbitrator, and disclosing potential conflicts of interest. - Granting arbitrators certain powers, such as the ability to issue subpoenas and impose temporary orders. - Providing guidelines for the arbitration process, including the requirement that child-related disputes be supported by a statement of reasons. - Detailing the court's role in confirming, correcting, or vacating arbitration awards, with a focus on protecting the best interests of children. - Specifying that confirmed awards are enforceable as court judgments. - Granting immunity to arbitrators acting in their official capacity. The overall goal of the bill is to establish a standardized framework for family law arbitration in Massachusetts, balancing party autonomy with judicial oversight to safeguard the rights of parties and children involved.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4844 (on 06/09/2022)

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