26.14.030  <<  26.14.040 >>   26.14.050

Arbitration agreement. (Effective January 1, 2024.)

(1) An arbitration agreement must:
(a) Be in a record signed by the parties;
(b) Identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and
(c) Identify the family law dispute the parties intend to arbitrate.
(2) Except as otherwise provided in subsection (3) of this section, an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.
(3) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:
(a) The parties affirm the agreement in a record after the dispute arises; or
(b) The agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.
(4) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.
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