Bill > SF2371

Introduced Session

This bill creates the Iowa uniform family law arbitration Act. The bill provides definitions, including the terms “arbitrator”, “child custody dispute”, “child support dispute”, and “family law dispute”. The bill governs the arbitration in a family dispute but does not allow an arbitrator to grant a legal separation, a divorce, a dissolution of marriage, or an annulment; to terminate parental rights, to grant an adoption or a guardianship of a child or protected person; or to determine the status of dependency of a child or the support of a child. The bill provides that an arbitration agreement must be in a record signed by the parties. The agreement must identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator and identify the family law dispute the parties intend to arbitrate. The bill provides that a family law dispute that arises after the arbitration agreement is made unenforceable unless the parties affirm the agreement in a record after the dispute arises or the agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding. If there is an objection to the arbitration agreement on the grounds that it is unenforceable or the agreement does not involve a family dispute, the court shall determine whether it is enforceable or includes an appropriate dispute. The bill provides that notice for arbitration shall be made either in a manner agreed upon or by Code section 679A.15 (arbitration —— applications to district court). The bill requires motions for judicial relief to be filed with the court with the appropriate jurisdiction. A party may file a motion to compel arbitration by the court. The bill also allows a party to file a motion for judicial relief to terminate an arbitration. The bill allows upon motion of a party for the court to order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for resolution of the family law dispute. The bill provides that an arbitrator must be an attorney at law, a former attorney at law on inactive status, or a retired judge and have successfully completed a combined five hours of instruction in an accredited continuing legal education course on domestic violence and child abuse. The bill requires an arbitrator to disclose any information a reasonable person would believe would affect the arbitrator’s impartiality. The arbitrator, the attorneys, and parties are all required to disclose information that would change the impartiality of the arbitrator or the arbitrator’s ability to make a timely award. The bill provides that if a timely disclosure was not made, a party may file a motion to suspend the arbitration no later than 15 days after such failure. The bill provides that failure to disclose can also result in the vacating of an award and other appropriate relief. Upon discharge of an arbitrator, the parties may select a new arbitrator or request that the court select one. The bill allows a party to an arbitration to be represented by counsel, be accompanied by an individual who will not be used as a witness or advocate, and to fully participate in the arbitration. Parties are not allowed to communicate ex parte with the arbitrator. The bill provides that prior to the selection of an arbitrator, the court may enter a temporary order for the family law dispute. After the selection of an arbitrator, the arbitrator may make a temporary award. The bill provides that if a party is subject to a protection order and the arbitrator determines there is a reasonable basis to believe a party is the victim of domestic violence or a party’s safety or ability to participate effectively in arbitration is otherwise at risk, the arbitrator shall stay the arbitration and refer the parties to court. The arbitration shall not resume until the party at risk affirms the agreement in a record and the court determines that the affirmation is informed and voluntary, the arbitration is not inconsistent with the protection order, and reasonable procedures are in place to protect the party. The bill provides that if an arbitrator reasonably believes that a child subject to the matter is abused or neglected, the arbitration shall be terminated and the abuse or neglect shall be reported to the court or another appropriate authority. The bill requires that the arbitrator conduct the arbitration in a manner considered appropriate for a fair and expeditious disposition. The bill provides the arbitrator the following powers: to select the rules for the arbitration; conduct the prehearing conferences and the hearing; administer oaths to parties and witnesses; allow any party to conduct prehearing discovery by interrogatories, deposition, requests for production of documents, or other means; determine the admissibility of evidence; and subpoena witnesses or documents upon the arbitrator’s own initiative or request of a party; the power to meet with a child, appoint a representative for the child, and impose procedures to protect a party or child from risk of harm; and to sanction bad faith conduct according to state law governing misconduct in family law proceedings. The bill does not require an arbitration hearing to be recorded. The bill provides that an award shall be made in a record, dated and signed by the arbitrator and the parties shall be given notice. An award is not enforceable as a judgment until confirmed by the court. The bill requires the court to confirm an award given by an arbitrator. The court shall confirm an award if all the parties agree in a record to confirmation or the time period to correct an unconfirmed award or vacate an award has expired. The bill provides that if an award relates to a child custody dispute or a child support dispute, the court shall confirm the award if the court finds that the award complies with the bill and Code chapter 598 (dissolution of marriage and domestic relations) or 600B (paternity and obligation for support) and is in the best interests of the child. The bill provides that upon confirmation, the award is enforceable as a judgment and that unless otherwise agreed upon by the parties, the arbitration proceeds are confidential. The bill allows the arbitrator, upon motion of a party not later than 20 days after notice of the award, to make a correction of an award. For an unconfirmed award, the parties may make a motion for correction and a motion to amend or vacate no later than 30 days after the arbitrator has given notice of the award. The bill allows the court to vacate an unconfirmed award if the moving party shows that the award was procured by corruption, fraud, or other undue means; there was an evident partiality by the arbitrator, corruption by the arbitrator, or other misconduct by the arbitrator; the arbitrator, refused to postpone a hearing, consider evidence material to the controversy, or otherwise did not conduct the hearing impartially; the arbitrator exceeded the arbitrator’s powers; no arbitration agreement exists; or the arbitration was conducted without proper notice. In a child custody dispute, the bill provides that the court shall vacate an unconfirmed award if the moving party establishes that award does not comply with the bill, Code chapter 600B (paternity and obligation for support), or is contrary to the best interests of the child; the statement of reasons in the award is inadequate for court review of the award; or a ground for vacating the award under the bill exists. The court is required to determine a motion in a child custody dispute based on the record of the arbitration hearing and facts occurring after the hearing. If there is no record for the hearing, the court shall consider it de novo. The bill requires that a motion to vacate or amend an award must be filed not later than 30 days after an arbitrator gives notice of an award, the arbitrator makes a correction to the award, or a party moves to vacate the award. The bill allows the parties to arbitrate any dispute arising from the meaning or effect of a confirmed award. The bill requires the court to enter a judgment after confirming, vacating, or amending an award. The bill provides that the parties may modify an award either by the dispute resolution specified in the judgment or award or, if the award or judgment does not specify a dispute-resolution method, the parties may agree to arbitrate or proceed under the relevant Code chapter. The bill allows an order granting or denying a motion to compel arbitration; granting or denying a motion to stay arbitration; confirming or denying confirmation of an award; correcting an award; vacating an award without directing a rehearing; and final judgment to be appealed. The bill does not include a section from the uniform act relating to the immunity of arbiters. The bill applies to arbitration of a family law dispute under an arbitration agreement made on or after the bill’s effective date. If an arbitration agreement was made before the bill’s effective date, parties may agree in a record that the bill’s provisions will apply to the arbitration.

AI Summary

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Other Sponsors (1)

Committee report, approving bill. S.J. 317. (on 02/18/2026)

Official Document