Pennsylvania Act 2024-12 — JUDICIAL CODE (42 PA.C.S.) - UNIFORM FAMILY LAW ARBITRATION ACT

Act text

Session of 2024

No. 2024-12

HB 917

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, adopting the Uniform Family Law Arbitration Act.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Chapter 73 of Title 42 of the Pennsylvania Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER D

UNIFORM FAMILY LAW ARBITRATION

Sec.

7371. Short title of subchapter.

7372. Definitions.

7373. Scope of subchapter.

7374. Applicable law.

7375. Arbitration agreement.

7376. Notice of arbitration.

7377. Motion for judicial relief.

7378. Qualification and selection of arbitrator.

7379. Disclosure by arbitrator and disqualification.

7380. Party participation.

7381. Temporary order or award.

7382. Protection of party or child.

7383. Powers and duties of arbitrator.

7384. Recording of hearing.

7385. Award.

7386. Confirmation of award.

7387. Correction by arbitrator of unconfirmed award.

7388. Correction or confirmation by court of unconfirmed award.

7389. Vacation, amendment or confirmation by court of unconfirmed award.

7390. Clarification of confirmed award.

7391. Judgment on award.

7392. Modification of confirmed award or judgment.

7393. Enforcement of confirmed award.

7394. Appeal.

7395. Immunity of arbitrator.

7396. Uniformity of application and construction.

7397. Relation to Electronic Signatures in Global and National Commerce Act.

7398. T ransitional provision.

§ 7371. Short title of subchapter.

This subchapter shall be known and may be cited as the Uniform Family Law Arbitration Act.

§ 7372. Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Arbitration agreement." An agreement which subjects a family law dispute to arbitration.

"Arbitration organization." An association, agency, board, commission or other entity which is neutral and initiates, sponsors or administers an arbitration or is involved in the selection of an arbitrator.

"Arbitrator." 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.

"Award." Any interim award, temporary order or final disposition of a family law dispute by an arbitrator.

"Child custody dispute." A family law dispute regarding legal custody, physical custody, parenting plans, parental duties, relocation or supervised physical custody of a child.

"Child support dispute." A family law dispute regarding financial support of a child.

"Court." A court of common pleas which has jurisdiction over a family law dispute.

"Family law dispute." A contested issue arising under 23 Pa.C.S. (relating to domestic relations). The term does not include an issue under section 7373(b) (relating to scope of subchapter).

"Party." An individual who signs an arbitration agreement and whose rights will be determined by an award.

"Person." An individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or any other legal entity.

"Protection order." An injunction or other order, issued under the domestic-violence, family-violence or stalking laws of the issuing jurisdiction, to prevent an individual from engaging in a violent or threatening act against, harassment of, contact or communication with or being in physical proximity to, another individual who is a party or a child under the custodial responsibility of a party.

"Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Sign." With present intent to authenticate or adopt a record:

(1) to execute or adopt a tangible symbol; or

(2) to attach to or logically associate with the record an electronic symbol, sound or process.

"State." A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.

§ 7373. Scope of subchapter.

(a) Coverage.--Except as set forth in subsection (b), this subchapter governs arbitration of a family law dispute.

(b) Exceptions.--This subchapter does not authorize an arbitrator to make an award which:

(1) grants a divorce or annulment;

(2) terminates parental rights;

(3) grants an adoption or a guardianship of a child or incapacitated individual; or

(4) determines the status of a child under Ch. 63 (relating to juvenile matters).

§ 7374. Applicable law.

(a) Revised Statutory Arbitration Act.--

(1) Subject to paragraph (2), the law applicable to arbitration is Subchapter A.1 (relating to revised statutory arbitration).

(2) If there is a conflict between Subchapter A.1 and this subchapter, this subchapter controls.

(b) Choice of law.--In determining the merits of a family law dispute, an arbitrator shall apply the law of this Commonwealth, including its choice of law rules.

§ 7375. Arbitration agreement.

(a) Requirements.--An arbitration agreement must:

(1) be in a record signed by the parties;

(2) identify the arbitrator, an arbitration organization or a method of selecting an arbitrator; and

(3) identify the family law dispute the parties intend to arbitrate.

(b) Effect.--Except as set forth in subsection (c), an agreement in a record to arbitrate a family law dispute which arises between the parties is:

(1) valid and enforceable as any other contract; and

(2) irrevocable, except on a ground that exists at law or in equity for the revocation of a contract.

(c) Unenforceable agreements.--An agreement to arbitrate a child custody dispute or child support dispute, which arises between the parties after the agreement is made is unenforceable unless:

(1) the parties affirm the agreement in a record after the child custody dispute or child support dispute arises; or

(2) the agreement was entered during a family law proceeding, and the court approved or incorporated the agreement in an order issued in the proceeding.

(d) Objection to arbitration.--If a party objects to arbitration on the grounds that the arbitration agreement is unenforceable or that the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.

§ 7376. Notice of arbitration.

A party must initiate arbitration by giving notice to arbitrate to the other party:

(1) in the manner specified in the arbitration agreement; or

(2) in the absence of a specified manner, under section 7321.3 (relating to notice).

§ 7377. Motion for judicial relief.

(a) Forum.--A motion for judicial relief under this subchapter must be made to:

(1) the court in which a proceeding is pending involving a family law dispute subject to arbitration; or

(2) if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.

(b) Compulsion.--On motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement which complies with section 7375 (relating to arbitration agreement) unless the court determines under section 7382 (relating to protection of party or child) that the arbitration should not proceed.

(c) Termination.--On motion of a party, the court shall terminate arbitration if the court determines that:

(1) the agreement to arbitrate is unenforceable;

(2) the family law dispute is not subject to arbitration; or

(3) under section 7382 the arbitration should not proceed.

(d) Consolidation.--Unless prohibited by an arbitration agreement, on motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if consolidation is necessary for the fair and expeditious resolution of the family law dispute.

§ 7378. Qualification and selection of arbitrator.

(a) Qualifications.--Except as set forth in subsection (b) and unless waived in a record by the parties, an arbitrator must:

(1) be an attorney at law, a former attorney at law on inactive status or a senior judge; and

(2) have successfully completed a combined five hours of instruction, approved by the Pennsylvania Supreme Court Continuing Legal Education Board, in domestic violence and child abuse.

(b) Arbitration agreement.--The identification in the arbitration agreement of an arbitrator, arbitration organization or method of selection of the arbitrator controls.

(c) Court selection.--If an arbitrator is unable or unwilling to act or if the agreed-on method of selecting an arbitrator fails, on motion of a party, the court shall select an arbitrator.

§ 7379. Disclosure by arbitrator and disqualification.

(a) Initial obligation.--Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall disclose to all parties any known fact a reasonable person would believe is likely to affect:

(1) the impartiality of the arbitrator in the arbitration, including:

(i) bias;

(ii) a financial or personal interest in the outcome of the arbitration; or

(iii) an existing or past relationship with a party, attorney representing a party or witness; or

(2) the arbitrator's ability to make a timely award.

(b) Continuing obligation.--The arbitrator shall disclose, and provide in writing to the parties, the amount of initial fee, any hourly rate to be charged, the process for invoices and payment for services and information on the arbitration process, specifically including how to terminate the arbitration. An arbitrator, the parties and the attorneys representing the parties have a continuing obligation to disclose to all parties any known fact a reasonable person would believe is likely to affect the impartiality of the arbitrator or the arbitrator's ability to make a timely award.

(c) Objection.--An objection to the selection or continued service of an arbitrator and a motion for a stay of arbitration and disqualification of the arbitrator must be made under section 7377 (relating to motion for judicial relief).

(d) Failure to disclose.--If a disclosure required by subsection (a)(1) or (b) is not made, the court may:

(1) on motion of a party not later than 15 days after the failure to disclose is known or, by the exercise of reasonable care, should be known by the party, suspend the arbitration;

(2) on timely motion of a party, vacate an award under section 7389(a)(2) (relating to vacation, amendment or confirmation by court of unconfirmed award); or

(3) if an award has been confirmed, grant other appropriate relief under the laws of this Commonwealth other than this subchapter.

(e) Replacing arbitrator.--If the parties agree to discharge an arbitrator or the arbitrator is disqualified, the parties by agreement may select a new arbitrator or request the court to select another arbitrator under section 7378 (relating to qualification and selection of arbitrator).

§ 7380. Party participation.

(a) Representation.--A party may:

(1) be represented in an arbitration by counsel;

(2) be accompanied by an individual who will not be called as a witness or act as an advocate; and

(3) participate in the arbitration to the full extent permitted under sections 7321.16 (relating to arbitration process) and 7383 (relating to powers and duties of arbitrator).

(b) Ex-parte communications.--A party or representative of a party may not communicate ex parte with the arbitrator except to the extent allowed in a family law proceeding for communication with a judge.

§ 7381. Temporary order or award.

(a) Before selection of arbitrator.--Before an arbitrator is selected and able to act, on motion of a party, the court may enter a temporary order under 23 Pa.C.S. (relating to domestic relations) and the applicable Pennsylvania Rules of Civil Procedure.

(b) After selection of arbitrator.--After an arbitrator is selected:

(1) the arbitrator may make a temporary award under 23 Pa.C.S. and the applicable Pennsylvania Rules of Civil Procedure; and

(2) if the matter is urgent and the arbitrator is not able to act in a timely manner or provide an adequate remedy, on motion of a party, the court may enter a temporary order.

(c) Modification.--On motion of a party, before the court confirms a final award, the court, under section 7386 (relating to confirmation of award), 7388 (relating to correction or confirmation by court of unconfirmed award) or 7389 (relating to vacation, amendment or confirmation by court of unconfirmed award), may confirm, correct, vacate or amend a temporary award made under subsection (b)(1).

(d) Enforcement.--On motion of a party, the court may enforce a subpoena or interim award issued by an arbitrator for the fair and expeditious disposition of the arbitration.

§ 7382. Protection of party or child.

(a) (Reserved).

(b) Stay.--

(1) This subsection applies if all of the following subparagraphs apply:

(i) (Reserved).

(ii) Any of the following clauses apply:

(A) A party is subject to a protection order.

(B) 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.

(2) If paragraph (1) applies, the arbitrator shall stay the arbitration and refer the parties to court. The arbitration may not proceed unless the party at risk affirms the arbitration agreement in a record and the court determines:

(i) the affirmation is informed and voluntary;

(ii) arbitration is not inconsistent with the protection order; and

(iii) reasonable procedures are in place to protect the party from risk of harm, harassment or intimidation.

(c) Termination.--If the arbitrator determines that there is a reasonable basis to believe a child who is the subject of a child custody dispute is abused or neglected, the arbitrator shall terminate the arbitration of the child custody dispute and report the abuse or neglect to the court, the Statewide toll-free telephone number established under 23 Pa.C.S. § 6332 (relating to establishment of Statewide toll-free telephone number) or to another appropriate authority.

(d) Temporary protection.--An arbitrator may make a temporary award to protect a party or child from harm, harassment or intimidation.

(e) Judicial review.--On motion of a party, the court may stay arbitration and review a determination or temporary award under this section.

(f) Other law applicable.--This section supplements remedies available under the laws of this Commonwealth other than this subchapter for the protection of victims of domestic violence, family violence, stalking, harassment and similar abuse.

§ 7383. Powers and duties of arbitrator.

(a) Fairness and expediency.--An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the family law dispute.

(b) Procedural due process.--An arbitrator shall provide each party a right to be heard, to present evidence material to the family law dispute and to cross-examine witnesses.

(c) Powers.--Unless the parties otherwise agree in a record, an arbitrator may:

(1) select the rules for conducting the arbitration;

(2) hold a conference with the parties before a hearing;

(3) determine the date, time and place of a hearing;

(4) require a party to provide:

(i) a copy of a relevant court order;

(ii) information required to be disclosed in a family law proceeding under 23 Pa.C.S. (relating to domestic relations) and the applicable Pennsylvania Rules of Civil Procedure; and

(iii) a proposed award which addresses each issue in arbitration;

(5) interview a child who is the subject of a child custody dispute;

(6) appoint a private expert at the expense of the parties;

(7) administer an oath or affirmation and issue a subpoena for the attendance of a witness or the production of documents and other evidence at a hearing;

(8) permit and compel discovery concerning the family law dispute and determine the date, time and place of discovery;

(9) determine the admissibility and weight of evidence;

(10) permit deposition of a witness for use as evidence at a hearing;

(11) for good cause, prohibit a party from disclosing information;

(12) appoint an attorney, guardian ad litem or other representative for a child at the expense of the parties;

(13) impose a procedure to protect a party or child from risk of harm, harassment or intimidation;

(14) allocate arbitration fees, attorney fees, expert witness fees and other costs to the parties; and

(15) impose a sanction on a party for bad faith or misconduct during the arbitration according to standards governing imposition of a sanction for litigant misconduct in a family law proceeding.

(d) Ex-parte communications.--An arbitrator may not allow ex parte communication except to the extent allowed in a family law proceeding for communication with a judge.

§ 7384. Recording of hearing.

An arbitration hearing need not be recorded unless required by the arbitrator, provided by the arbitration agreement or requested by a party.

§ 7385. Award.

(a) Manner.--An arbitrator shall make an award in a record, dated and signed by the arbitrator. The arbitrator shall give notice of the award to each party by a method agreed on by the parties or, if the parties have not agreed on a method, under section 7321.3 (relating to notice).

(b) Rationale.--

(1) Except as set forth in paragraph (2), the arbitrator shall make written findings explaining an award.

(2) Except as set forth in subsection (c), the parties, by agreement, may stipulate that paragraph (1) does not apply.

(c) Child custody or support.--Notwithstanding subsection (b)(2), for an award determining a child custody dispute or a child support dispute, the arbitrator shall state the reasons on which the award is based as required by 23 Pa.C.S. (relating to domestic relations).

(d) Confirmation required.--An award is not enforceable as a judgment until confirmed under section 7386 (relating to confirmation of award).

§ 7386. Confirmation of award.

(a) Motion.--After an arbitrator gives notice under section 7385(a) (relating to award) or makes a correction under section 7387 (relating to correction by arbitrator of unconfirmed award), a party may move the court for an order confirming the award or, when applicable, entry of the divorce decree incorporating the award.

(b) Grounds.--Except as set forth in subsection (c), the court shall confirm an award if any of the following paragraphs apply:

(1) The parties agree in a record to confirmation.

(2) All of the following apply:

(i) The time period under section 7388 (relating to correction or confirmation by court of unconfirmed award) has expired, and no motion is pending under section 7388.

(ii) The time period under section 7389(e) (relating to vacation, amendment or confirmation by court of unconfirmed award) has expired, and no motion is pending under section 7389.

(c) Child custody or child support.--If an award determines a child custody dispute or a child support dispute, the court shall confirm the award under subsection (b) if the court finds, after a review of the record if necessary, that the award on its face:

(1) complies with section 7385 and 23 Pa.C.S. (relating to domestic relations); and

(2) is in the best interests of the child.

(d) Effect.--On confirmation, an award is enforceable as a judgment.

(e) Confidentiality.--Unless the parties otherwise agree, the arbitration proceedings and the arbitration award are confidential. If either party includes, in the motion under subsection (a), a request that the arbitration award be filed under seal, the court shall file the award under seal.

§ 7387. Correction by arbitrator of unconfirmed award.

On motion of a party made not later than 20 days after an arbitrator gives notice under section 7385(a) (relating to award), the arbitrator may correct the award:

(1) if the award has an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property;

(2) (Reserved); or

(3) to clarify the award.

§ 7388. Correction or confirmation by court of unconfirmed award.

(a) Grounds.--On motion of a party made not later than 30 days after an arbitrator gives notice under section 7385(a) (relating to award) or makes a correction under section 7387 (relating to correction by arbitrator of unconfirmed award), the court shall correct the award if:

(1) the award has an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property;

(2) (Reserved); or

(3) the arbitrator made an award on a family law dispute not submitted to the arbitrator, and the award may be corrected without affecting the merits of the issues submitted.

(b) Joinder.--A motion under this section to correct an award may be joined with a motion to vacate or amend the award under section 7389 (relating to vacation, amendment or confirmation by court of unconfirmed award).

(c) Confirmation.--Unless a motion under section 7389 is pending, the court may confirm a corrected award under section 7386 (relating to confirmation of award).

§ 7389. Vacation, amendment or confirmation by court of unconfirmed award.

(a) Grounds for amendment.--Subject to subsection (b), on motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that:

(1) the award was procured by corruption, fraud or other undue means;

(2) there was:

(i) evident partiality by the arbitrator;

(ii) corruption by the arbitrator; or

(iii) misconduct by the arbitrator substantially prejudicing the rights of a party;

(3) the arbitrator refused to postpone a hearing on showing of sufficient cause for postponement, refused to consider evidence material to the controversy or otherwise conducted the hearing contrary to section 7383 (relating to powers and duties of arbitrator), so as to prejudice substantially the rights of a party;

(4) the arbitrator exceeded the arbitrator's powers;

(5) no arbitration agreement exists, unless the moving party participated in the arbitration without making a motion under section 7377 (relating to motion for judicial relief) not later than the beginning of the first arbitration hearing; or

(6) the arbitration was conducted without proper notice under section 7376 (relating to notice of arbitration), so as to prejudice substantially the rights of a party.

(b) Child custody or child support.--Subject to subsection (c), on motion of a party, the court shall vacate an unconfirmed award which determines a child custody dispute or a child support dispute if the moving party establishes that:

(1) the award:

(i) does not comply with section 7385 (relating to award) or 23 Pa.C.S. (relating to domestic relations); or

(ii) is contrary to the best interests of the child;

(2) the statement of reasons in the award is inadequate for the court to review the award; or

(3) a ground for vacating the award under subsection (a) exists.

(c) Grounds for amendment.--If an award is subject to vacation under subsection (b)(1), on motion of a party, the court may amend the award, if amending rather than vacating is in the best interests of the child.

(d) Standard of review.--The court may determine a motion under subsection (b) or (c):

(1) based on the record of the arbitration hearing, if the hearing was recorded, and facts occurring after the hearing; or

(2) if there is no record, de novo.

(e) Time.--A motion under this section to vacate or amend an award must be filed not later than 30 days:

(1) except as set forth in paragraph (2), after an arbitrator gives notice under section 7385(a) or makes a correction under section 7387 (relating to correction by arbitrator of unconfirmed award); or

(2) for a motion under subsection (a)(1), the ground of corruption, fraud or other undue means is known or, by the exercise of reasonable care, should be known to the party filing the motion.

(f) Rehearing.--If the court under this section vacates an award for a reason other than the absence of an enforceable arbitration agreement, the court may order a rehearing before an arbitrator. The rehearing shall be before another arbitrator if the reason for vacating the award is that:

(1) the award was procured by corruption, fraud or other undue means; or

(2) there was evident partiality, corruption or misconduct by the arbitrator.

(g) Confirmation.--If the court under this section denies a motion to vacate or amend an award, unless a motion is pending under section 7388 (relating to correction or confirmation by court of unconfirmed award), the court may confirm the award under section 7386 (relating to confirmation of award).

§ 7390. Clarification of confirmed award.

If the meaning or effect of an award confirmed under section 7386 (relating to confirmation of award) is in dispute, the parties may:

(1) agree to arbitrate the family law dispute before the original arbitrator or another arbitrator; or

(2) proceed under Subchapter C of Chapter 75 (relating to declaratory judgments) and Pa.R.C.P. Ch. 1600 (relating to action for declaratory judgments).

§ 7391. Judgment on award.

(a) Entry.--On granting an order confirming, vacating without directing a rehearing or amending an award under this subchapter, the court shall enter judgment in conformity with the order.

(b) Sealing and redaction.--On motion of a party, the court shall order that a document or part of the arbitration record be sealed or redacted to prevent public disclosure of all or part of the record or award.

§ 7392. Modification of confirmed award or judgment.

If a party requests under the laws of this Commonwealth other than this subchapter modification of an award confirmed under section 7386 (relating to confirmation of award) or of a judgment on an award, based on a fact occurring after confirmation:

(1) the parties shall proceed under the dispute-resolution method specified in the award or judgment; or

(2) if the award or judgment does not specify a dispute-resolution method, the parties may:

(i) agree to arbitrate the modification before the original arbitrator or another arbitrator; or

(ii) absent agreement proceedings under 23 Pa.C.S. (relating to domestic relations) and the applicable Pennsylvania Rules of Civil Procedure.

§ 7393. Enforcement of confirmed award.

(a) This Commonwealth.--A court shall enforce an award confirmed under section 7386 (relating to confirmation of award), including a temporary award, in the manner and to the same extent as any other order or judgment of a court.

(b) Other states.--A court shall enforce an arbitration award in a family law dispute confirmed by a court in another state in the manner and to the same extent as any other order or judgment from another state.

§ 7394. Appeal.

(a) Matters.--An appeal may be taken under this subchapter from:

(1) an order granting or denying a motion to compel arbitration;

(2) an order granting or denying a motion to stay arbitration;

(3) an order confirming or denying confirmation of an award;

(4) an order correcting an award;

(5) an order vacating an award without directing a rehearing; and

(6) a final judgment.

(b) Procedure.--An appeal under this section may be taken as from an order or a judgment in a civil action.

§ 7395. Immunity of arbitrator.

(a) Civil liability.--An arbitrator or arbitration organization acting in that capacity in a family law dispute is immune from civil liability to the same extent as a judge of a court of this Commonwealth acting in a judicial capacity.

(b) Sovereign immunity.--The immunity provided by this section supplements immunity under:

(1) 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver); and

(2) Subchapter B of Chapter 85 (relating to actions against Commonwealth parties).

(c) Nondisclosure.--An arbitrator's failure to make a disclosure under section 7379 (relating to disclosure by arbitrator and disqualification) does not cause the arbitrator to lose immunity under this section.

(d) Testimony.--

(1) Except as set forth in paragraph (2), an arbitrator is not competent to testify, and may not be required to produce records, in a judicial, administrative or similar proceeding about a statement, conduct, decision or ruling occurring during an arbitration, to the same extent as a judge of a court of this Commonwealth acting in a judicial capacity.

(2) This subsection does not apply:

(i) to the extent disclosure is necessary to determine a claim by the arbitrator or arbitration organization against a party to the arbitration; or

(ii) to a hearing on a motion under section 7389(a)(1) or (2) (relating to vacation, amendment or confirmation by court of unconfirmed award) if there is prima facie evidence that a ground for vacating the award exists.

(e) Attorney fees and costs.--If a person commences a civil action against an arbitrator arising from the services of the arbitrator or seeks to compel the arbitrator to testify or produce records in violation of subsection (d) and the court determines that the arbitrator is immune from civil liability or is not competent to testify or required to produce the records, the court shall award the arbitrator reasonable attorney fees and costs.

§ 7396. Uniformity of application and construction.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

§ 7397. Relation to Electronic Signatures in Global and National Commerce Act.

To the extent permitted by section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002), this subchapter may supersede provisions of that act.

§ 7398. Transitional provision.

(a) Prospective.--This subchapter applies to arbitration of a family law dispute under an arbitration agreement made on or after the effective date of this section.

(b) Retroactive.--If an arbitration agreement was made before the effective date of this section, the parties may agree in a record that this subchapter applies to the arbitration.

Section 2. This act shall take effect in 60 days.

APPROVED--The 8th day of May, A.D. 2024.

JOSH SHAPIRO