Current through the 2024 Legislative Session
Section 658J-7 - Motion for judicial relief(a) A motion for judicial relief under this chapter shall be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.(b) Upon motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with section 658J-5 unless the court determines under section 658J-12 that the arbitration should not proceed.(c) Upon motion of a party, the court shall terminate arbitration if it determines that: (1) The arbitration agreement is unenforceable;(2) The family law dispute is not subject to arbitration; or(3) Under section 658J-12, the arbitration should not proceed.(d) Unless prohibited by an arbitration agreement, upon 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 necessary for the fair and expeditious resolution of the family law dispute.Added by L 2017, c 113,§ 1, eff. 7/10/2017.