PENNSYLVANIA FAMILY LAW ARBITRATION ACT
On May 8, 2024, the Uniform Family Law Arbitration Act (UFLAA) was signed into law, which became effective July 8, 2024. Arbitration is widely used in a variety of legal matters. It is a formal method of dispute resolution involving a neutral third party who makes a decision, this can be binding or non-binding. For the first time that process is available in Family Law matters in Pennsylvania.
There are some limitations. The arbitrator cannot grant a divorce itself, however, can make determinations and awards regarding the parties' marital estate, property, and support and alimony issues. While they cannot terminate parental rights, grant adoptions, or guardianships, they can make decisions as it pertains to custody disputes and awards of custody.
Arbitrators must be an active attorney, former attorney on inactive status or a senior judge, and have successfully completed five hours of instruction in domestic violence and child abuse (unless waived in a record by the parties). Arbitrators may be selected by agreement of the parties or order of court.
A prenuptial agreement may include a provision that any disputes be handled through arbitration. However, disputes involving child custody or child support, may only be enforceable if the agreement was entered into after the dispute arose. Further, in instances of domestic violence, abuse, or when a protection order is in place, arbitration may be terminated if a party or child is believed to be at risk. An arbitrator may make a temporary award to protect a party or child from harm.
A party to arbitration may be represented by an attorney, be accompanied by a person (who will not be called as a witness or act as an advocate) or represent themselves.
The same rules apply in arbitration as in court regarding communication, preventing parties from contacting an arbitrator ex-parte that is without the other party present or included in the communication, to discuss the details of the case, except to the extent allowed in a family law proceeding for communication with a judge (i.e. confirming a time and date of a meeting).
The arbitrator may set forth the rules for conducting the arbitration, hold a conference with the parties before the hearing, determine the date, time and place of the hearing, require parties to provide copies of relevant court orders, information required to be disclosed in family law proceedings, and the Rules of Civil Procedure, a proposed award which addresses the issues in arbitration.
The arbitrator may interview a child subject to a child custody dispute, appoint a private expert at the expense of the parties, administer an oath or affirmation, and issue a subpoena for attendance by witnesses or production of documents.
In addition the arbitrator may permit and compel discovery, permit depositions, determine the admissibility and weight of evidence, prohibit disclosure of information (for good cause shown); appoint an attorney or guardian ad litem for a child at the parties' expense; impose a procedure to protect a part or child from risk of harm, allocate arbitration fees, attorney fees, expert witness fees, and other costs to the parties, and 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.