Bill > H1940

This bill introduces the Massachusetts Family Law Arbitration Act, which establishes a comprehensive framework for arbitrating family law disputes in the state. The act defines key terms and provides detailed guidelines for conducting family law arbitrations, specifying that arbitrators must be licensed attorneys trained in family law and domestic violence identification. While allowing parties to resolve certain family law disputes through arbitration, the bill explicitly prohibits arbitrators from making decisions about divorce, child custody status, termination of parental rights, or adoption. The legislation outlines strict requirements for arbitration agreements, including that they must be in writing, signed by parties, and clearly identify the dispute and arbitrator. The act includes important protections for vulnerable parties, such as provisions to halt arbitration if there are safety concerns or domestic violence issues. Arbitration awards must be confirmed by a court, which will review them to ensure they meet legal standards and, in child-related matters, serve the child's best interests. The bill also establishes procedures for challenging, correcting, or vacating arbitration awards and provides immunity for arbitrators similar to that of judges. Importantly, the act applies to arbitration agreements made on or after its effective date, with the possibility for parties with existing agreements to opt into its provisions.

Justice

https://malegislature.gov/Bills/194/H1940