Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1940 Compare Versions

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2	2	HOUSE DOCKET, NO. 3426 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1940
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adrianne Pusateri Ramos and Simon Cataldo
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to adopt the uniform family law arbitration act.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Adrianne Pusateri Ramos14th Essex1/17/2025Simon Cataldo14th Middlesex1/17/2025 1 of 21
16	16	HOUSE DOCKET, NO. 3426 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1940
18	18	By Representatives Ramos of North Andover and Cataldo of Concord, a petition (accompanied
19	19	by bill, House, No. 1940) of Adrianne Pusateri Ramos and Simon Cataldo relative to family law
20	20	arbitration. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to adopt the uniform family law arbitration act.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. SHORT TITLE.
30	30	2 This act may be cited as the Massachusetts Family Law Arbitration Act.
31	31	3 SECTION 2. DEFINITIONS. In this act:
32	32	4 (a)“Arbitration agreement” means an agreement that subjects a family law dispute to
33	33	5arbitration.
34	34	6 (b)“Arbitration organization” means an association, agency, board, commission, or other
35	35	7entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the
36	36	8selection of an arbitrator.
37	37	9 (c)“Arbitrator” means an individual selected or appointed, alone or with others, to make
38	38	10an award in a family law dispute that is subject to an arbitration agreement. 2 of 21
39	39	11 (d)“Award” means any interim award, temporary order or final disposition of any family
40	40	12law dispute by an arbitrator.
41	41	13 (e)“Child-related dispute” means a family law dispute regarding legal custody, physical
42	42	14custody, custodial responsibility, parental responsibility or authority, parenting time, right to
43	43	15access, other parenting plan matter; and/or financial support regarding a child.
44	44	16 (f)“Court” means the Probate and Family Court Department of the Massachusetts Trial
45	45	17Court, or in the case of contractual provisions, the Superior Court Department and/or District
46	46	18Court Department.
47	47	19 (g)“Family law dispute” means a contested issue arising under the family law statutes and
48	48	20case law of this commonwealth, including without limitation, M.G.L., chs. 207, 208, 209, 209B,
49	49	21209C, 209D and where applicable, ch. 215, §6.
50	50	22 (h)“Party” means an individual who signs an arbitration agreement and whose rights will
51	51	23be determined by an award.
52	52	24 (i)“Person” means an individual, estate, business or nonprofit entity, public corporation,
53	53	25government or governmental subdivision, agency, or instrumentality, or any other legal entity.
54	54	26 (j)“Record”, used as a noun, means information that is inscribed on a tangible medium or
55	55	27that is stored in an electronic or other medium and is retrievable in perceivable form.
56	56	28 (k)“Sign” means, with present intent to authenticate or adopt a record:
57	57	29 (1)to execute or adopt a tangible symbol; or 3 of 21
58	58	30 (2)to attach to or logically associate with the record an electronic symbol, sound, or
59	59	31process.
60	60	32 (l)“State” means a state of the United States, the District of Columbia, Puerto Rico, the
61	61	33United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of
62	62	34the United States. The term includes a federally recognized Indian tribe.
63	63	35 SECTION 3. SCOPE.
64	64	36 (a)This act governs arbitration of a family law dispute.
65	65	37 (b)This act does not authorize an arbitrator to make an award that:
66	66	38 (1)grants a judgment of separate support, divorce or annulment;
67	67	39 (2)terminates parental rights;
68	68	40 (3)grants an adoption or a guardianship of a child or incapacitated individual; or
69	69	41 (4)determines the status of a child, elder or incapacitated person in need of care and
70	70	42protection.
71	71	43 SECTION 4. APPLICABLE LAW.
72	72	44 (a)Except as otherwise provided in this act, the law applicable to arbitration is M.G.L. ch.
73	73	45251, the statutes in section 6 above, case law of the commonwealth, the Massachusetts Rules of
74	74	46Domestic Relations Procedure (Mass. Dom. Rel. P.) and other rules of the Probate and Family
75	75	47Court and where applicable, the Massachusetts Rules of Civil Procedure (Mass. R. Civ. P.) and
76	76	48rules of the rule of other Trial Court Departments. 4 of 21
77	77	49 (b)Except as otherwise provided in the parties’ arbitration agreement, in determining the
78	78	50merits of a family law dispute, an arbitrator shall apply the law of this commonwealth, including
79	79	51its choice of law rules.
80	80	52 SECTION 5. ARBITRATION AGREEMENT.
81	81	53 (a)An arbitration agreement must:
82	82	54 (1)be in a record signed by the parties;
83	83	55 (2)identify the arbitrator, an arbitration organization, and/or a method of selecting an
84	84	56arbitrator or replacement arbitrator; and
85	85	57 (3)identify the family law dispute(s) that the parties agree to arbitrate.
86	86	58 (b)An agreement in a record to arbitrate a family law dispute that arises between the
87	87	59parties before, at the time, or after the agreement is made, is valid and enforceable as any other
88	88	60contract and irrevocable, except:
89	89	61 (1)for a cause that exists at law or in equity for the rescission or reformation of a contract;
90	90	62or
91	91	63 (2)if a party who opposes enforcement of the agreement, did not have counsel at the time
92	92	64of execution, and was not questioned by a judge about his or her understanding of the arbitration
93	93	65terms of the agreement to determine that the party understood the meaning of those terms, and
94	94	66that he or she entered the agreement voluntarily, before the judge approved those terms; or 5 of 21
95	95	67 (3)if circumstances have occurred after the execution of the agreement that a court finds
96	96	68would negate the voluntariness of the agreement if the party opposing enforcement were entering
97	97	69into the agreement at the time of enforcement; and
98	98	70 (4)for a child-related dispute, the parties do not affirm the agreement in a record after the
99	99	71dispute arises, or a court determines that enforcement no longer serves a child’s best interests.
100	100	72 (c)If a party objects to arbitration on the ground the arbitration agreement is
101	101	73unenforceable or the agreement does not include a family law dispute, the court shall decide
102	102	74whether the agreement is enforceable or includes the family law dispute.
103	103	75 SECTION 6. NOTICE OF ARBITRATION.
104	104	76 (a)A party may initiate arbitration by giving notice to arbitrate to the other party in the
105	105	77manner specified in the arbitration agreement or, in the absence of a specified manner, under the
106	106	78law and procedural rules of this commonwealth governing contractual arbitration.
107	107	79 SECTION 7. REQUEST FOR JUDICIAL RELIEF.
108	108	80 (a)A request made by complaint, petition or motion for judicial relief under this act must
109	109	81be made to the court in which a proceeding is pending involving a family law dispute subject to
110	110	82arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the
111	111	83subject matter.
112	112	84 (b)On request made by complaint, petition or motion of a party, the court may compel
113	113	85arbitration if the parties have entered into an arbitration agreement that complies with Section
114	114	865(a), unless the court determines under Sections 5(b), 5(c), or Section 12 that the arbitration
115	115	87should not proceed. 6 of 21
116	116	88 (c)On request made by complaint, petition or motion of a party, the court shall terminate
117	117	89arbitration if it determines that:
118	118	90 (1)the agreement to arbitrate is unenforceable;
119	119	91 (2)the family law dispute is not subject to arbitration; or
120	120	92 (3)under Sections 5(b), 5(c), or 12, the arbitration should not proceed.
121	121	93 (d)Unless prohibited by an arbitration agreement, on motion of a party, the court may
122	122	94order consolidation of separate arbitrations involving the same parties and a common issue of
123	123	95law or fact if necessary for the fair and expeditious resolution of the family law dispute.
124	124	96 SECTION 8. QUALIFICATION AND SELECTION OF ARBITRATOR.
125	125	97 (a)Except as otherwise provided in subsection (b), unless waived in a record by the
126	126	98 parties, an arbitrator must be:
127	127	99 (1)an attorney in good standing admitted to practice on “active” status under the laws of
128	128	100the commonwealth or equivalent in another state; and
129	129	101 (2)trained in providing family law arbitration and in identifying domestic violence, which
130	130	102requirement may be satisfied by attending any training program approved or established by the
131	131	103chief justice of the probate and family court department for any purpose.
132	132	104 (b)The identification in the arbitration agreement of an arbitrator, arbitration
133	133	105organization, or method of selection of the arbitrator controls. 7 of 21
134	134	106 (c)If an arbitrator is unable or unwilling to act or if the agreed-on method of selecting an
135	135	107arbitrator fails, on motion of a party, the court shall select an arbitrator who meets the
136	136	108requirements of sub-paragraph (a) of this paragraph 8.
137	137	109 SECTION 9. DISCLOSURE BY ARBITRATOR; DISQUALIFICATION.
138	138	110 (a)Before agreeing to serve as an arbitrator, an individual, after making reasonable
139	139	111inquiry, shall disclose to all parties any known fact a reasonable person would believe is likely to
140	140	112affect:
141	141	113 (1)the impartiality of the arbitrator in the arbitration, including bias, a financial or
142	142	114personal interest in the outcome of the arbitration, or an existing or past relationship with a party,
143	143	115attorney representing a party, or witness; or
144	144	116 (2)the arbitrator’s ability to make a timely award.
145	145	117 (b)An arbitrator, the parties, and the attorneys representing the parties have a continuing
146	146	118obligation to disclose to all parties any known fact a reasonable person would believe is likely to
147	147	119affect the impartiality of the arbitrator or the arbitrator’s ability to make a timely award.
148	148	120 (c)An objection to the selection or continued service of an arbitrator and a motion for a
149	149	121stay of arbitration and disqualification of the arbitrator must be made under the law and
150	150	122procedural rules of this commonwealth governing arbitrator disqualification.
151	151	123 (d)If a disclosure required by subsection (a)(1) or (b) is not made, the court may:
152	152	124 (1)on motion of a party not later than 30 days after the failure to disclose is known or by
153	153	125the exercise of reasonable care should have been known to the party, suspend the arbitration; 8 of 21
154	154	126 (2)on timely motion of a party, vacate an award under Section 19(a)(2); or
155	155	127 (3)if an award has been confirmed, grant other appropriate relief under law of this
156	156	128commonwealth.
157	157	129 (e)If the parties agree to discharge an arbitrator or the arbitrator is disqualified, the parties
158	158	130by agreement may select a new arbitrator or request the court to select another arbitrator as
159	159	131provided in Section 8.
160	160	132 SECTION 10. PARTY PARTICIPATION.
161	161	133 (a)A party may:
162	162	134 (1)be represented in an arbitration by an attorney;
163	163	135 (2)be accompanied by an individual who will not be called as a witness or act as an
164	164	136advocate; and
165	165	137 (3)participate in the arbitration to the full extent permitted under the law and procedural
166	166	138rules of this commonwealth governing a party’s participation in contractual arbitration.
167	167	139 (b)A party or representative of a party may not communicate ex parte with the arbitrator
168	168	140except to the extent permitted by the agreement to arbitrate.
169	169	141 SECTION 11. TEMPORARY ORDER OR AWARD.
170	170	142 (a)Before an arbitrator is selected and able to act, on motion of a party, the court may
171	171	143 enter temporary orders under M.G.L., ch. 208, §§ 28, 28A and 31.
172	172	144 (b)After an arbitrator is selected: 9 of 21
173	173	145 (1)the arbitrator may make temporary awards under M.G.L. ch. 207, 208, 209 and 209C;
174	174	146and
175	175	147 (2)if the matter is urgent and the arbitrator is not able to act in a timely manner or provide
176	176	148an adequate remedy, on motion of a party, the court may enter temporary orders.
177	177	149 (c)On motion of a party, before the court confirms a final award, the court under Section
178	178	15016, 18, or 19 may confirm, correct, vacate, or amend a temporary award made under subsection
179	179	151(b)(1).
180	180	152 (d)On motion of a party, the court may enforce a subpoena or interim award issued by an
181	181	153arbitrator for the fair and expeditious disposition of the arbitration.
182	182	154 SECTION 12. PROTECTION OF PARTY OR CHILD.
183	183	155 (a)In this section, “protection order” means an injunction or other order, issued under the
184	184	156domestic-violence, family-violence, or stalking laws of the issuing jurisdiction, to prevent an
185	185	157individual from engaging in a violent or threatening act against, harassment of, contact or
186	186	158communication with, or being in physical proximity to another individual who is a party or a
187	187	159child under the custodial responsibility of a party.
188	188	160 (b)If a party is subject to a protection order that does not permit attendance at arbitration
189	189	161or if an arbitrator determines there is a reasonable basis to believe a party’s safety or ability to
190	190	162participate effectively in arbitration is at risk, the arbitrator shall stay the arbitration and refer the
191	191	163parties to court. The arbitration may not proceed unless the party at risk affirms the arbitration
192	192	164agreement in a record and the court determines:
193	193	165 (1)the affirmation is informed and voluntary; 10 of 21
194	194	166 (2)arbitration is not inconsistent with the protection order; and
195	195	167 (3)reasonable procedures are in place to protect the party from risk of harm, harassment,
196	196	168or intimidation.
197	197	169 (c)If an arbitrator determines that there is a reasonable basis to believe a child who is the
198	198	170subject of a child-related dispute is subject to ongoing abuse or neglected, the arbitrator may
199	199	171terminate the arbitration of the child-related dispute and shall have the right to report the
200	200	172reasonably believed abuse or neglect to the Department of Children and Families,
201	201	173notwithstanding the agreement to arbitrate.
202	202	174 (d)If a party is subject to a protection order that does not permit attendance at arbitration
203	203	175or that party reasonably believes that his or her safety or ability to participate effectively in
204	204	176arbitration is at risk, the party may move the court to stay the arbitration and review temporary or
205	205	177interim awards under this section.
206	206	178 (e)This section supplements remedies available under law of this commonwealth for the
207	207	179protection of victims of domestic violence, family violence, stalking, harassment, or similar
208	208	180abuse.
209	209	181 SECTION 13. POWERS AND DUTIES OF ARBITRATOR.
210	210	182 (a)An arbitrator shall conduct an arbitration in a manner the arbitrator considers
211	211	183appropriate for a fair and expeditious disposition of the dispute and consistent with the
212	212	184agreement to arbitrate.
213	213	185 (b)An arbitrator shall provide each party a right to be heard, to present evidence material
214	214	186to the family law dispute, and to cross-examine witnesses. 11 of 21
215	215	187 (c)Unless the parties otherwise agree in a record, an arbitrator’s powers include the power
216	216	188to:
217	217	189 (1)select the rules for conducting the arbitration;
218	218	190 (2)hold conferences with the parties before a hearing;
219	219	191 (3)determine the date, time, and place of a hearing;
220	220	192 (4)require a party to provide:
221	221	193 (A)a copy of a relevant court order;
222	222	194 (B)information required to be disclosed in a family law proceeding under law and
223	223	195procedural rules of this commonwealth and
224	224	196 (C)a proposed award that addresses each issue in arbitration;
225	225	197 (5)administer an oath or affirmation and issue a subpoena for the attendance of a witness
226	226	198or the production of documents and other evidence at a hearing;
227	227	199 (6)compel discovery concerning the family law dispute and determine the date, time, and
228	228	200place of discovery;
229	229	201 (7)determine the admissibility and weight of evidence;
230	230	202 (8)permit deposition of a witness for use as evidence at a hearing;
231	231	203 (9) impose a procedure to protect a party or child from risk of harm, harassment, or
232	232	204intimidation; 12 of 21
233	233	205 (10)allocate arbitration fees, attorney’s fees, expert-witness fees, and other costs to the
234	234	206parties; and
235	235	207 (11)impose a sanction on a party for bad faith or misconduct during the arbitration
236	236	208according to law and procedural rules governing imposition of a sanction for litigant misconduct
237	237	209in a court proceeding.
238	238	210 (d)An arbitrator may not allow ex parte communication except to the extent allowed in
239	239	211the agreement to arbitrate.
240	240	212 SECTION 14. RECORDING OF HEARING.
241	241	213 (a)Except as otherwise provided in subsection (b) or required by law of this
242	242	214commonwealth, an arbitration hearing need not be recorded unless provided by the arbitration
243	243	215agreement, or requested by a party.
244	244	216 (b)An arbitrator shall request a verbatim recording be made of any part of an arbitration
245	245	217hearing concerning a child-related dispute.
246	246	218 SECTION 15. AWARD.
247	247	219 (a)An arbitrator shall make an award in a record, dated and signed by the arbitrator. The
248	248	220arbitrator shall give notice of the award to each party by a method agreed on by the parties or, if
249	249	221the parties have not agreed on a method, under the law and procedural rules of this
250	250	222commonwealth governing notice in contractual arbitration.
251	251	223 (b) Except as otherwise provided in subsection (c), the award must state the reasons on
252	252	224which it is based unless otherwise agreed by the parties. 13 of 21
253	253	225 (c)An award determining a child-related dispute must state the reasons on which it is
254	254	226based.
255	255	227 (d)An award under this act is not enforceable as a judgment until confirmed under
256	256	228 Section 16.
257	257	229 SECTION 16. CONFIRMATION OF AWARD.
258	258	230 (a)After an arbitrator gives notice under Section 15(a) of an award, including an award
259	259	231corrected under Section 17, a party may move the court for an order confirming the award.
260	260	232 (b)Except as otherwise provided in subsection (c), the court shall confirm an award under
261	261	233this [act] if:
262	262	234 (1)the parties agree in a record to confirmation; or
263	263	235 (2)the time has expired for making a motion, and no motion is pending, under Section 18
264	264	236or 19.
265	265	237 (c)If an award determines a child-related dispute, the court shall confirm the award under
266	266	238subsection (b) if the court finds, after a review of the record if necessary, that the award on its
267	267	239face: complies with Section 15 and law of this state other than this [act] governing a child-related
268	268	240dispute; and
269	269	241 (1)is in the best interests of the child.
270	270	242 (d)On confirmation, an award under this act is enforceable as a judgment. 14 of 21
271	271	243 SECTION 17. CORRECTION OR CLARIFICATION BY ARBITRATOR OF
272	272	244UNCONFIRMED AWARD.
273	273	245 (a)On motion of a party made not later than 30 days after an arbitrator gives notice under
274	274	246Section 15(a) of an award, the arbitrator may correct the award:
275	275	247 (1)if the award has an evident mathematical miscalculation or an evident mistake in the
276	276	248description of a person, thing, or property;
277	277	249 (2)if the award is imperfect in a matter of form not affecting the merits on the issues
278	278	250submitted; or
279	279	251 (3)to clarify the award.
280	280	252 SECTION 18. CORRECTION OR CLARIFICATION BY COURT OF
281	281	253UNCONFIRMED AWARD.
282	282	254 (a)On motion of a party made not later than 90 days after an arbitrator gives notice under
283	283	255Section 15(a) of an award, including an award corrected under Section 17, the court shall correct
284	284	256the award if:
285	285	257 (1)the award has an evident mathematical miscalculation or an evident mistake in the
286	286	258description of a person, thing, or property;
287	287	259 (2)the award is imperfect in a matter of form not affecting the merits of the issues
288	288	260submitted; or
289	289	261 (3)the arbitrator made an award on a dispute not submitted to the arbitrator and the award
290	290	262may be corrected without affecting the merits of the remaining issues submitted. 15 of 21
291	291	263 (b)A motion under this section to correct an award may be joined with a motion to vacate
292	292	264or amend the award under Section 19.
293	293	265 (c)Unless a motion under Section 19 is pending, the court may confirm a corrected
294	294	266 award under Section 16.
295	295	267 SECTION 19. VACATION OR AMENDMENT BY COURT OF UNCONFIRMED
296	296	268AWARD.
297	297	269 (a)On motion of a party, the court shall vacate an unconfirmed award if the moving party
298	298	270establishes that:
299	299	271 (1)the award was procured by corruption, fraud, or other undue means;
300	300	272 (2)there was:
301	301	273 (A)evident partiality by the arbitrator; or
302	302	274 (B)corruption by the arbitrator; or
303	303	275 (C)misconduct by the arbitrator substantially prejudicing the rights of a party; or
304	304	276 (3)the arbitrator refused to postpone a hearing on showing of sufficient cause for
305	305	277postponement, refused to consider evidence material to the controversy, or otherwise conducted
306	306	278the hearing contrary to Section 13, so as to prejudice substantially the rights of a party; or
307	307	279 (4)the arbitrator exceeded the arbitrator’s powers; or 16 of 21
308	308	280 (5)no arbitration agreement exists, unless the moving party participated in the arbitration
309	309	281without making a motion under Section 7 not later than the beginning of the first arbitration
310	310	282hearing; or
311	311	283 (6)the arbitration was conducted without proper notice under Section 6 of the initiation of
312	312	284arbitration, so as to prejudice substantially the rights of a party; or
313	313	285 (7)a ground exists for vacating the award under law of this commonwealth; or
314	314	286 (8)the parties have included in the agreement the right to a review by the court of the
315	315	287unconfirmed award for fairness and reasonableness in the same manner as the court would
316	316	288review a settlement agreement of the parties in a family law matter for the purpose of
317	317	289incorporation or incorporation and merger in a judgment, and the court finds that the award is not
318	318	290fair and reasonable.
319	319	291 (b)Except as otherwise provided in subsection (c), on motion of a party, the court shall
320	320	292vacate an unconfirmed award that determines a child-related dispute if the moving party
321	321	293establishes that:
322	322	294 (1)the award does not comply with Section 15 or law of commonwealth governing a
323	323	295child-related dispute or is contrary to the best interests of the child;
324	324	296 (2)the record of the hearing or the statement of reasons in the award is inadequate for the
325	325	297court to review the award; or
326	326	298 (3)a ground for vacating the award under subsection (a) exists.
327	327	299 (c)If an award is subject to vacation under subsection (b)(1), on motion of a party, the
328	328	300court may amend the award if amending rather than vacating is in the best interests of the child. 17 of 21
329	329	301 (d)The court shall determine a motion under subsection (b) or (c) based on the record of
330	330	302the arbitration hearing.
331	331	303 (e)A motion under this section to vacate or amend an award must be filed not later than
332	332	30430 days:
333	333	305 (1)after an arbitrator gives the party filing the motion notice of the award or a corrected
334	334	306award; or
335	335	307 (2)for a motion under subsection (a)(1), after the ground of corruption, fraud, or other
336	336	308undue means is known or by the exercise of reasonable care should have been known to the party
337	337	309filing the motion.
338	338	310 (f)If the court under this section vacates an award for a reason other than the absence of
339	339	311an enforceable arbitration agreement, the court may order a rehearing before an arbitrator. If the
340	340	312reason for vacating the award is that the award was procured by corruption, fraud, or other undue
341	341	313means or there was evident partiality, corruption, or misconduct by the arbitrator, the rehearing
342	342	314must be before another arbitrator.
343	343	315 (g)If the court under this section denies a motion to vacate or amend an award, the court
344	344	316 may confirm the award under Section 16 unless a motion is pending under Section 18.
345	345	317 SECTION 20. CLARIFICATION OF CONFIRMED AWARD.
346	346	318 (a)If the meaning or effect of an award confirmed under Section 16 is in dispute, the
347	347	319parties may:
348	348	320 (1)agree to arbitrate the dispute before the original arbitrator or another arbitrator; or 18 of 21
349	349	321 (2)proceed in court under law of this commonwealth governing clarification of
350	350	322 a judgment in a family law proceeding.
351	351	323 SECTION 21. JUDGMENT ON AWARD.
352	352	324 (a)On granting an order confirming, vacating without directing a rehearing, or amending
353	353	325an award under this act, the court shall enter judgment in conformity with the order.
354	354	326 (b)On motion of a party, the court may order that a document or part of the arbitration
355	355	327record be sealed or redacted to prevent public disclosure of all or part of the record or award to
356	356	328the extent permitted under law of this commonwealth.
357	357	329 SECTION 22. MODIFICATION OF JUDGMENT BASED ON AWARD.
358	358	330 (a)If a party requests under law of this commonwealth a modification of judgment on an
359	359	331award based on a material change of circumstances after confirmation:
360	360	332 (1)the parties shall proceed under the dispute-resolution method specified in the
361	361	333judgment; or
362	362	334 (2)if the award or judgment does not specify a dispute-resolution method, the parties
363	363	335may:
364	364	336 (A)agree to arbitrate the modification before the original arbitrator or another arbitrator;
365	365	337or
366	366	338 (B)absent agreement proceed under law of this commonwealth governing modification of
367	367	339a judgment in a family law proceeding. 19 of 21
368	368	340 SECTION 23. ENFORCEMENT OF CONFIRMED AWARD.
369	369	341 (a)The court shall enforce an award confirmed under Section 16, including a temporary
370	370	342award, in the manner and to the same extent as any other order or judgment of a court.
371	371	343 (b)The court shall enforce an arbitration award in a family law dispute confirmed by a
372	372	344court in another state in the manner and to the same extent as any other order or judgment from
373	373	345another state.
374	374	346 SECTION 24. APPEAL.
375	375	347 (a)An appeal may be taken under this act from:
376	376	348 (1)an order granting or denying a motion to compel arbitration;
377	377	349 (2)an order granting or denying a motion to stay arbitration;
378	378	350 (3)an order confirming or denying confirmation of an award;
379	379	351 (4)an order correcting an award;
380	380	352 (5)an order vacating an award without directing a rehearing; or
381	381	353 (6)a final judgment.
382	382	354 (b)An appeal under this section may be taken as from an order or a judgment in a civil
383	383	355action.
384	384	356 SECTION 25. IMMUNITY OF ARBITRATOR. 20 of 21
385	385	357 (a)An arbitrator or arbitration organization acting in that capacity in a family law dispute
386	386	358is immune from civil liability to the same extent as a judge of a court of this commonwealth
387	387	359acting in a judicial capacity.
388	388	360 (b)The immunity provided by this section supplements any immunity under law of this
389	389	361commonwealth.
390	390	362 (c)An arbitrator’s failure to make a disclosure required by Section 9 does not cause the
391	391	363arbitrator to lose immunity under this section.
392	392	364 (d)An arbitrator is not competent to testify, and may not be required to produce records,
393	393	365in a judicial, administrative, or similar proceeding about a statement, conduct, decision, or ruling
394	394	366occurring during an arbitration, to the same extent as a judge of a court of this state acting in a
395	395	367judicial capacity. This subsection does not apply:
396	396	368 (1)to the extent disclosure is necessary to determine a claim by the arbitrator or
397	397	369arbitration organization against a party to the arbitration; or
398	398	370 (2)to a hearing on a motion under Section 19(a)(1) or (2) to vacate an award, if there is
399	399	371prima facie evidence that a ground for vacating the award exists.
400	400	372 (e)If a person commences a civil action against an arbitrator arising from the services of
401	401	373the arbitrator or seeks to compel the arbitrator to testify or produce records in violation of
402	402	374subsection (d) and the court determines that the arbitrator is immune from civil liability or is not
403	403	375competent to testify or required to produce the records, the court shall award the arbitrator
404	404	376reasonable attorney’s fees, costs, and reasonable expenses of litigation. 21 of 21
405	405	377 SECTION 26. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND
406	406	378NATIONAL COMMERCE ACT.
407	407	379 This [act] modifies, limits, or supersedes the Electronic Signatures in Global and National
408	408	380Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section
409	409	381101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the
410	410	382notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
411	411	383 SECTION 27. TRANSITIONAL PROVISION.
412	412	384 This [act] applies to arbitration of a family law dispute under an arbitration agreement
413	413	385made on or after [the effective date of this [act]]. If an arbitration agreement was made before
414	414	386[the effective date of this [act]], the parties may agree in a record that this [act] applies to the
415	415	387arbitration.
416	416	388 SECTION 28. EFFECTIVE DATE.
417	417	389 This [act] takes effect upon passage of the bill.