What is the Family Law Arbitration Act?
The State of Pennsylvania adopted the Family Law Arbitration Act (FLAA) on July 7, 2024. This law allows divorce decisions related to divorce matters to be made by a qualified third party arbiter as opposed to a judge. The FLAA covers decisions related to property division, alimony, child support, and more.
The arbitrator, who oversees the couple’s divorce proceedings, is selected by the parties to the divorce. The couple is responsible for paying the arbitrator’s fees related to their services. To employ an FLAA arbitrator, both parties are required to agree to arbitrate their divorce as well as the terms and rules of the arbitration. The couple must also agree on which matters the arbitrator will oversee. For example, the couple could elect to have the financial issues of their divorce arbitrated, but allow the courts to handle issues related to child custody.
What matters can and cannot an arbitrator handle?
Under the FLAA, arbitrators can handle the following matters:
- Division of marital property and debts
- Alimony or spousal support
- Child support
- Child custody
The arbitrator cannot handle matters such as:
- Adoption
- Protection from abuse
- Guardianship
- Delinquency
- Granting the final divorce decree
In addition to excluding those matters, any final decision made by the arbiter related to the custody of a child or child support is modifiable after the arbitrator has rendered their decision. The Pennsylvania courts will always have the authority to modify a custody order later if it is in the best interests of the children.
What is an arbitrator?
Arbitrators act like judges. Like judges, they must disclose any conflicts of interest that could affect their impartiality. The couple can select any individual to be their arbitrator; however, the arbitrator generally must be an attorney, an attorney on inactive status, or a judge. Arbitrators are required to complete at least five hours of domestic violence and child abuse education.
Working with the arbitrator
Before the arbitration process begins, the couple must agree to an arbitration agreement defining the rules, terms, and procedures of the arbitration. The couple would then sign the agreement and pay the arbitrator. Arbitrators can hold hearings, conferences, interview children, appoint a private expert, administer oaths, issue subpoenas, compel discovery, and issue penalties for failure to comply with the arbitrator’s directives.
Arbitrators are required to stop the arbitration process if the arbitrator has a reasonable belief that a child or a spouse is the victim of domestic violence.
The arbitrator’s decision
After the couple has reached a settlement, the arbitrator must issue a written decision on the issues before them. They must also make written findings explaining their decision. For the decision to be enforceable, the motion must be placed before the court. A judge would then confirm the arbitrator’s decision. If the court confirms the arbitrator’s decision, the record is sealed and private. In other words, it would not be a matter of public record.
Talk to a Philadelphia, PA, Divorce Lawyer Today
The Law Offices of Lauren H. Kane represent the interests of Philadelphia residents during their divorce. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin discussing your concerns and goals right away.
