Current through the 2023 Regular Session
Section 40-16-107 - Motion for judicial relief(1) A motion for judicial relief under this part must 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.(2) On motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with 40-16-105 unless the court determines under 40-16-112 that the arbitration should not proceed.(3) On motion of a party, the court shall terminate arbitration if it determines that: (a) the agreement to arbitrate is unenforceable;(b) the family law dispute is not subject to arbitration; or(c) under 40-16-112, the arbitration should not proceed.(4) 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 necessary for the fair and expeditious resolution of the family law dispute.Added by Laws 2021, Ch. 32,Sec. 7, eff. 10/1/2021.