Tennessee Senate Bill SB0710

Tennessee 2023-2024 Regular Session

• Introduced: 1/26/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 36, relative to domestic relations.

Impact

The enactment of SB 710 is expected to streamline the arbitration process in domestic relations cases, granting parties an alternative dispute resolution mechanism that may be quicker and potentially less adversarial than traditional court proceedings. It emphasizes that arbitrators have specific limitations; they cannot adjudicate issues such as divorce or termination of parental rights which are reserved for the court. This creates a distinct scope of arbitration in domestic relations, allowing parties to voluntarily submit certain disputes to arbitration while preserving essential legal protections.

Summary

Senate Bill 710, known as the Tennessee Domestic Relations Arbitration Act, introduces modifications to the arbitration process for domestic relations disputes in Tennessee. The bill explicitly aims to facilitate arbitration as a means of resolving conflicts related to custody, support, and other domestic issues, while ensuring that traditional court powers and protections are still applicable. Notably, the Act provides detailed definitions of key terms involved, such as 'arbitration agreement', 'arbitrator', and 'domestic relations dispute', establishing a structured framework for parties engaging in arbitration under this law.

Sentiment

The general sentiment around SB 710 appears to support the potential benefits of arbitration in reducing the backlog of cases in family law and providing quicker resolutions. Advocates highlight that this Act could empower parties by allowing them to select how their disputes are resolved, fostering a more cooperative approach. However, some concerns have been raised regarding the autonomy of arbitration versus court intervention, especially with child-related matters, stressing that appropriate safeguards must be in place to protect vulnerable parties, particularly children, in arbitration settings.

Contention

Key points of contention include the limitations imposed on arbitrators and the concerns about ensuring that the arbitration process is fair and equitable, particularly in scenarios involving domestic abuse or critical child custody issues. The bill mandates that any awarded decision in child-related disputes must be confirmed by a court to ensure it serves the child's best interests, reflecting an ongoing tension between alternative dispute resolution and judicial oversight. Furthermore, critics argue that while arbitration can be beneficial, the lack of a formal court-recording process could limit accountability and transparency within these proceedings.