In May 2024, Pennsylvania Governor Josh Shapiro signed into law the Uniform Family Law Arbitration Act (UFLAA), a significant development in family law, which took effect on July 7, 2024. This legislation, known as Act No. 12 of 2024, aims to provide a streamlined, private alternative to court litigation for resolving family disputes. For family law practitioners and clients in Pennsylvania, the UFLAA represents a noteworthy shift in how such cases can be handled. Read this blog and reach out to our York County, PA family law arbitrators to learn more about the UFLAA and its implications for those considering arbitration in family law matters.
What is the Purpose of the Uniform Family Law Arbitration Act?
The UFLAA was introduced to address the challenges families face when navigating the complexities of family law disputes. Recognizing that traditional court proceedings can be stressful, time-consuming, and public, Representatives Melissa L. Shusterman and Tina M. Davis sponsored the bill with the goal of providing a voluntary and private alternative through arbitration. Arbitration, under the UFLAA, offers a more flexible and efficient means of resolving disputes, allowing families to avoid the often lengthy and adversarial nature of court battles.
How Does the UFLAA Change Family Law Arbitration in Pennsylvania?
The UFLAA amends Pennsylvania’s existing arbitration laws to specifically address family law disputes. Although arbitration in family law isn’t new and has been practiced in other states, the UFLAA standardizes the process, ensuring consistency and clarity across cases. Pennsylvania joins four other states that have enacted similar legislation, with one more state considering it. This act brings uniformity and legal structure to family law arbitration, offering a clear framework for those opting out of traditional court procedures.
How is Arbitration Initiated Under the UFLAA?
To initiate arbitration under the UFLAA, all parties involved must sign an arbitration agreement. This agreement legally binds the parties to resolve their family law dispute through arbitration rather than court litigation. Once an agreement is in place, the initiating party must notify the other parties as outlined in the agreement. However, the court retains oversight and can terminate the arbitration agreement under specific conditions, such as if the agreement is deemed unenforceable or if the dispute is not appropriate for arbitration.
Who Can Serve as an Arbitrator Under the UFLAA?
The UFLAA sets forth specific qualifications for arbitrators in family law cases. To serve as an arbitrator, an individual must be a current or former attorney, or a senior judge, with a minimum of five hours of training in domestic violence and child abuse. This ensures that arbitrators are not only legally proficient but also sensitive to the unique dynamics present in family law disputes. Additionally, arbitrators are required to disclose any potential conflicts of interest, ensuring impartiality in their decision-making.
What Powers Does an Arbitrator Have?
Under the UFLAA, arbitrators are granted substantial authority over the arbitration process. They can determine procedural rules, set hearing schedules, issue subpoenas, and even interview children involved in custody disputes. However, there are limitations: arbitrators cannot grant divorces, annulments, or make decisions regarding the termination of parental rights or adoptions. While arbitrators have the power to make awards, these awards must be confirmed by a court to become enforceable, and courts can vacate awards in cases of misconduct or other irregularities.
Can Parties Appeal an Arbitrator’s Decision?
Yes, the UFLAA allows parties to appeal an arbitrator’s final decision to a court. This appellate process provides a safety net, ensuring that the arbitration process remains fair and just. While arbitration is designed to be a quicker and more private alternative to court, the ability to appeal ensures that parties are not left without recourse if they believe the arbitration outcome is flawed.
