The Pennsylvania General Assembly unanimously passed House Bill No. 917, which introduces the Uniform Family Law Arbitration Act. HB 917 was signed by Pennsylvania Governor, Josh Shapiro, on May 8, 2024, making it Act No. 12 of 2024.
KingSpry’s Managing Partner and Family Law Attorney, Jessica F. Moyer, details how the Uniform Family Law Arbitration Act will impact family law disputes in Pennsylvania.
Purpose
Representatives Melissa L. Shusterman and Tina M. Davis initially sponsored HB 917 due to the complexities and difficulties faced by families when resolving family law disputes. The Representatives proposed that the Uniform Family Law Arbitration Act (the “UFLAA”) will simplify the family law process by offering families a voluntary and private process for resolving disputes outside of court.
The Uniform Family Law Arbitration Act
The UFLAA amends Title 42, Chapter 73 of the Pennsylvania Consolidated Statues, which govern arbitration. The UFLAA, however, is not unique to Pennsylvania, because family law arbitration has existed for several years. In 2012, the Uniform Law Commission appointed a Family Law Arbitration Study Committee, which recommended that an act on family law arbitration be developed. This led to the drafting of the UFLAA, which has been enacted in four (4) other states and is pending in one (1) other.
The UFLAA enacts the following change:
Initiating Arbitration
To initiate an arbitration, an arbitration agreement must be on record and signed by all parties involved. An arbitration agreement is “an agreement which subjects a family law dispute to arbitration.” The initiating party must then provide notice to all other parties in the manner specified by the arbitration agreement.
Under the UFLAA, if a party files an appropriate motion with the court, the court must terminate the arbitration agreement if it determines that (1) the agreement is unenforceable, (2) the dispute is not subject to arbitration, or (3) the arbitration should not proceed.
Qualification and Selection of Arbitrator
Pursuant to the UFLAA, an arbitrator is “an individual selected or appointed, alone or with others, to make an award in a family law dispute which is subject to an arbitration agreement.” To be qualified, an arbitrator must (1) be an attorney, a former attorney on inactive statues, or a senior judge, and (2) have completed five (5) hours of instruction in domestic violence and child abuse.
Once an arbitrator is selected, they are responsible for determining and disclosing any disqualifications they may have, such as bias, personal interest in the outcome, or a relationship with a party, attorney, or witness involved in the matter.
The UFLAA also protects arbitrators from civil liability to the same extent as a Pennsylvania judge and grants them sovereign immunity.
Authority of Arbitrator Over Proceedings
The UFLAA grants an arbitrator the following powers, amongst others:
- Select the rules for conducting the arbitration;
- Hold a conference with the parties before hearings;
- Determine the date, time, and place of hearings;
- Interview a child who is the subject of a child custody dispute;
- Issue a subpoena for the attendance of a witness or production of documents;
- Determine the admissibility and weight of evidence;
- Allocate arbitration fees, attorney fees, expert witness fees, and others costs to the parties; and
- Make awards.
An arbitrator, however, cannot make an award that (1) grants a divorce or annulment, (2) terminates parental rights, (3) grants an adoption or guardianship of a child or incapacitated individual, or (4) determines the status of a child as it pertains to juvenile matters.
Confirming Awards
Although the UFLAA grants arbitrators the power to make awards, an award is not enforceable until a party moves a court for an order confirming it. Courts also have the power to terminate awards granted by an arbitrator if it is revealed that the award was procured by undue means, or there was misconduct by the arbitrator.
Representation
Despite opting to engage in arbitration, parties may still retain legal counsel to represent them during the proceedings.
Appeals
The UFLAA permits parties to appeal orders and final judgments with a court of jurisdiction.
Effective Date
The UFLAA will take effect in sixty (60) days on July 7, 2024.
Chaired by Donald F. Spry, II, KingSpry’s experienced Family Law Practice is prepared to assist you and your family through complex family law matters, including those which occur through arbitration. If you have questions, please contact your legal counsel or one of our Family Law Attorneys.
