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Senate
File
2371
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Introduced
SENATE
FILE
2371
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3158)
(COMPANION
TO
LSB
5996HV
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
creating
the
uniform
family
law
arbitration
Act.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
NEW
SECTION
.
598A.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Uniform
2
Family
Law
Arbitration
Act”
.
3
Sec.
2.
NEW
SECTION
.
598A.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Arbitration
agreement”
means
an
agreement
which
subjects
7
a
family
law
dispute
to
arbitration.
8
2.
“Arbitration
organization”
means
an
association,
9
agency,
board,
commission,
or
other
entity
which
is
neutral
10
and
initiates,
sponsors,
or
administers
an
arbitration
or
is
11
involved
in
the
selection
of
an
arbitrator.
12
3.
“Arbitrator”
means
an
individual
selected
or
appointed,
13
alone
or
with
others,
to
make
an
award
in
a
family
law
dispute
14
which
is
subject
to
an
arbitration
agreement.
15
4.
“Award”
means
an
interim
award,
temporary
order,
or
final
16
disposition
of
a
family
law
dispute
by
an
arbitrator.
17
5.
“Child
custody
dispute”
means
a
family
law
dispute
18
regarding
legal
custody,
physical
custody,
parenting
plans,
19
parenting
time,
or
visitation
of
a
child.
20
6.
“Child
support
dispute”
means
a
family
law
dispute
21
regarding
financial
support
of
a
child.
22
7.
“Court”
means
a
district
court
which
has
jurisdiction
23
over
a
family
law
dispute.
24
8.
“Family
law
dispute”
means
a
contested
issue
arising
25
under
chapter
598,
600B,
or
600C.
“Family
law
dispute”
does
not
26
include
an
issue
under
section
598A.3,
subsection
2.
27
9.
“Party”
means
an
individual
who
signs
an
arbitration
28
agreement
and
whose
rights
will
be
determined
by
an
award.
29
10.
“Person”
means
an
individual,
estate,
business
30
or
nonprofit
entity,
public
corporation,
government
or
31
governmental
subdivision,
agency,
or
instrumentality
or
any
32
other
legal
entity.
33
11.
“Protection
order”
means
an
injunction
or
other
34
order,
issued
under
the
domestic
violence,
family
violence,
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or
stalking
laws
of
the
issuing
jurisdiction,
to
prevent
an
1
individual
from
engaging
in
a
violent
or
threatening
act
2
against,
harassment
of,
contact,
or
communication
with
or
being
3
in
physical
proximity
to,
another
individual
who
is
a
party
or
4
a
child
under
the
custodial
responsibility
of
a
party.
5
12.
“Record”
,
used
as
a
noun,
means
information
that
6
is
inscribed
on
a
tangible
medium
or
that
is
stored
in
an
7
electronic
or
other
medium
and
is
retrievable
in
perceivable
8
form.
9
13.
“Sign”
means,
with
present
intent
to
authenticate
or
10
adopt
a
record,
any
of
the
following:
11
a.
To
execute
or
adopt
a
tangible
symbol.
12
b.
To
attach
to
or
logically
associate
with
the
record
an
13
electronic
symbol,
sound,
or
process.
14
14.
“State”
means
a
state
of
the
United
States,
the
District
15
of
Columbia,
Puerto
Rico,
the
United
States
Virgin
Islands,
or
16
any
territory
or
insular
possession
subject
to
the
jurisdiction
17
of
the
United
States.
“State”
includes
a
federally
recognized
18
Indian
tribe.
19
Sec.
3.
NEW
SECTION
.
598A.3
Scope.
20
1.
Except
as
provided
in
subsection
2,
this
chapter
governs
21
arbitration
of
a
family
law
dispute.
22
2.
This
chapter
does
not
authorize
an
arbitrator
to
make
an
23
award
that
does
any
of
the
following:
24
a.
Grants
legal
separation,
divorce,
dissolution
of
25
marriage,
or
annulment.
26
b.
Terminates
parental
rights.
27
c.
Grants
an
adoption
or
a
guardianship
of
a
child
or
28
protected
person.
29
d.
Determines
the
status
of
dependency
of
a
child
under
30
chapter
232.
31
e.
Determines
the
support
of
a
child
if
support
payments
32
have
been
assigned
to
the
department
of
health
and
human
33
services
pursuant
to
section
234.39,
239B.6,
or
252E.11,
or
if
34
services
are
being
provided
by
child
support
services
pursuant
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to
chapter
252B.
1
Sec.
4.
NEW
SECTION
.
598A.4
Applicable
law.
2
1.
a.
Subject
to
paragraph
“b”
,
the
law
applicable
to
3
arbitration
is
chapter
679A.
4
b.
If
there
is
a
conflict
between
chapter
679A
and
this
5
chapter,
this
chapter
controls.
6
2.
In
determining
the
merits
of
a
family
law
dispute,
an
7
arbitrator
shall
apply
the
law
of
this
state,
including
its
8
choice
of
law
rules.
9
Sec.
5.
NEW
SECTION
.
598A.5
Arbitration
agreements.
10
1.
An
arbitration
agreement
must
do
the
following:
11
a.
Be
in
a
record
signed
by
the
parties.
12
b.
Identify
the
arbitrator,
an
arbitration
organization,
or
13
a
method
of
selecting
an
arbitrator.
14
c.
Identify
the
family
law
dispute
the
parties
intend
to
15
arbitrate.
16
2.
Except
as
otherwise
provided
in
subsection
3,
an
17
agreement
in
a
record
to
arbitrate
a
family
law
dispute
that
18
arises
between
the
parties
before,
at
the
time,
or
after
19
the
agreement
is
made
is
valid
and
enforceable
as
any
other
20
contract
and
irrevocable
except
on
a
ground
that
exists
at
law
21
or
in
equity
for
the
revocation
of
a
contract.
22
3.
An
agreement
to
arbitrate
a
child
custody
dispute
or
23
child
support
dispute
that
arises
between
the
parties
after
the
24
agreement
is
made
is
unenforceable
unless
any
of
the
following
25
apply:
26
a.
The
parties
affirm
the
agreement
in
a
record
after
the
27
dispute
arises.
28
b.
The
agreement
was
entered
during
a
family
law
proceeding
29
and
the
court
approved
or
incorporated
the
agreement
in
an
30
order
issued
in
the
proceeding.
31
4.
If
a
party
objects
to
arbitration
on
the
grounds
the
32
arbitration
agreement
is
unenforceable
or
the
agreement
does
33
not
include
a
family
law
dispute,
the
court
shall
decide
34
whether
the
agreement
is
enforceable
or
includes
the
family
law
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dispute.
1
Sec.
6.
NEW
SECTION
.
598A.6
Notice
of
arbitration.
2
A
party
shall
initiate
arbitration
by
giving
notice
to
3
arbitrate
to
the
other
party
in
the
manner
specified
in
the
4
arbitration
agreement
or,
in
the
absence
of
a
specified
manner,
5
under
section
679A.15.
6
Sec.
7.
NEW
SECTION
.
598A.7
Motion
for
judicial
relief.
7
1.
A
motion
for
judicial
relief
under
this
chapter
shall
be
8
made
to
the
court
in
which
a
proceeding
is
pending
involving
a
9
family
law
dispute
subject
to
arbitration
or,
if
no
proceeding
10
is
pending,
a
court
with
jurisdiction
over
the
parties
and
the
11
subject
matter.
12
2.
On
motion
by
a
party,
the
court
may
compel
arbitration
13
if
the
parties
have
entered
into
an
arbitration
agreement
that
14
complies
with
section
598A.5
unless
the
court
determines
under
15
section
598A.12
that
the
arbitration
should
not
proceed.
16
3.
On
motion
of
a
party,
the
court
shall
terminate
17
arbitration
if
the
court
determines
any
of
the
following:
18
a.
The
agreement
to
arbitrate
is
unenforceable.
19
b.
The
family
law
dispute
is
not
subject
to
arbitration.
20
c.
Under
section
598A.12,
the
arbitration
should
not
21
proceed.
22
4.
Unless
prohibited
by
an
arbitration
agreement,
on
motion
23
of
a
party,
the
court
may
order
consolidation
of
separate
24
arbitrations
involving
the
same
parties
and
a
common
issue
25
of
law
or
fact
if
necessary
for
the
fair
and
expeditious
26
resolution
of
the
family
law
dispute.
27
Sec.
8.
NEW
SECTION
.
598A.8
Qualification
and
selection
of
28
arbitrator.
29
1.
Except
as
otherwise
provided
in
subsection
2,
unless
30
waived
in
a
record
by
the
parties,
an
arbitrator
must
be
all
of
31
the
following:
32
a.
An
attorney
at
law,
a
former
attorney
at
law
on
inactive
33
status,
or
a
retired
judge.
34
b.
Have
successfully
completed
a
combined
five
hours
of
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instruction
in
an
accredited
continuing
legal
education
course
1
on
domestic
violence
and
child
abuse.
2
2.
The
identification
in
the
arbitration
agreement
of
an
3
arbitrator,
arbitration
organization,
or
method
of
selection
of
4
the
arbitrator
controls.
5
3.
If
an
arbitrator
is
unable
or
unwilling
to
act
or
if
the
6
agreed-upon
method
of
selecting
an
arbitrator
fails,
on
motion
7
of
a
party,
the
court
shall
select
an
arbitrator.
8
Sec.
9.
NEW
SECTION
.
598A.9
Disclosure
by
arbitrator
——
9
disqualification.
10
1.
Before
agreeing
to
serve
as
an
arbitrator,
an
individual,
11
after
making
reasonable
inquiry,
shall
disclose
to
all
parties
12
any
known
fact
a
reasonable
person
would
believe
is
likely
to
13
affect
any
of
the
following:
14
a.
The
impartiality
of
the
arbitrator,
including
bias,
15
a
financial
or
personal
interest
in
the
outcome
of
the
16
arbitration,
or
an
existing
or
past
relationship
with
a
party,
17
attorney
representing
a
party,
or
witness.
18
b.
The
arbitrator’s
ability
to
make
a
timely
award.
19
2.
a.
An
arbitrator,
the
parties,
and
the
attorneys
20
representing
the
parties
have
a
continuing
obligation
to
21
disclose
to
all
parties
any
known
fact
a
reasonable
person
22
would
believe
is
likely
to
affect
the
impartiality
of
the
23
arbitrator
or
the
arbitrator’s
ability
to
make
a
timely
award.
24
b.
The
arbitrator
shall
disclose,
and
provide
in
writing
to
25
the
parties,
the
amount
of
initial
fee,
any
hourly
rate
to
be
26
charged,
the
process
for
invoices
and
payment
for
services
and
27
information
on
the
arbitration
process,
specifically
including
28
how
to
terminate
the
arbitration.
29
3.
An
objection
to
selection
or
continued
service
of
30
an
arbitrator
and
a
motion
for
a
stay
of
arbitration
and
31
disqualification
of
the
arbitrator
shall
be
made
under
section
32
598A.7.
33
4.
If
a
disclosure
required
by
subsection
1,
paragraph
34
“a”
,
or
subsection
2
is
not
made,
the
court
may
do
any
of
the
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following:
1
a.
On
motion
of
a
party
not
later
than
fifteen
days
after
2
the
failure
to
disclose
is
known,
or
by
the
exercise
of
3
reasonable
care
should
have
been
known
to
the
party,
suspend
4
the
arbitration.
5
b.
On
timely
motion
of
party,
vacate
an
award
under
section
6
598A.19,
subsection
1,
paragraph
“b”
.
7
c.
If
an
award
has
been
confirmed,
grant
other
appropriate
8
relief
under
law
of
this
state
other
than
this
chapter.
9
5.
If
the
parties
agree
to
discharge
an
arbitrator
or
10
the
arbitrator
is
disqualified,
the
parties
by
agreement
may
11
select
a
new
arbitrator
or
request
the
court
to
select
another
12
arbitrator
as
provided
for
in
section
598A.8.
13
Sec.
10.
NEW
SECTION
.
598A.10
Party
participation.
14
1.
A
party
may
do
all
of
the
following:
15
a.
Be
represented
in
an
arbitration
by
counsel.
16
b.
Be
accompanied
by
an
individual
who
will
not
be
called
as
17
a
witness
or
act
as
an
advocate.
18
c.
Participate
in
the
arbitration
to
the
full
extent
19
permitted
under
section
598A.13
and
chapter
679A.
20
2.
A
party
or
representative
of
a
party
shall
not
21
communicate
ex
parte
with
the
arbitrator
except
to
the
extent
22
allowed
in
a
family
law
proceeding
for
communication
with
a
23
judge.
24
Sec.
11.
NEW
SECTION
.
598A.11
Temporary
order
or
award.
25
1.
Before
an
arbitrator
is
selected
and
able
to
act,
on
26
motion
of
a
party,
the
court
may
enter
a
temporary
order
under
27
section
598.10
or
600B.40A
and
the
applicable
Iowa
rules
of
28
civil
procedure.
29
2.
After
an
arbitrator
is
selected,
all
of
the
following
30
apply:
31
a.
The
arbitrator
may
make
a
temporary
award
under
section
32
598.10
or
600B.40A
and
the
applicable
Iowa
rules
of
civil
33
procedure.
34
b.
If
the
matter
is
urgent
and
the
arbitrator
is
not
able
to
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act
in
a
timely
manner
or
provide
an
adequate
remedy,
on
motion
1
of
a
party,
the
court
may
enter
a
temporary
order.
2
3.
On
motion
of
a
party,
before
the
court
confirms
a
final
3
award,
the
court,
under
section
598A.16,
598A.18,
or
598A.19,
4
may
confirm,
correct,
vacate,
or
amend
a
temporary
award
made
5
under
subsection
2,
paragraph
“a”
.
6
4.
On
motion
of
a
party,
the
court
may
enforce
a
subpoena
7
or
interim
award
issued
by
an
arbitrator
for
the
fair
and
8
expeditious
disposition
of
the
arbitration.
9
Sec.
12.
NEW
SECTION
.
598A.12
Protection
of
party
or
child.
10
1.
a.
This
subsection
applies
if
a
party
is
subject
11
to
a
protection
order
or
the
arbitrator
determines
there
12
is
a
reasonable
basis
to
believe
a
party
is
the
victim
of
13
domestic
violence
or
a
party’s
safety
or
ability
to
participate
14
effectively
in
arbitration
is
otherwise
at
risk.
15
b.
If
the
conditions
described
in
paragraph
“a”
are
met,
16
the
arbitrator
shall
stay
the
arbitration
and
refer
the
parties
17
to
court.
The
arbitration
shall
not
proceed
unless
the
party
18
at
risk
affirms
the
arbitration
agreement
in
a
record
and
the
19
court
determines
all
of
the
following
are
true:
20
(1)
The
affirmation
is
informed
and
voluntary.
21
(2)
Arbitration
is
not
inconsistent
with
the
protection
22
order.
23
(3)
Reasonable
procedures
are
in
place
to
protect
the
party
24
from
risk
of
harm,
harassment,
or
intimidation.
25
2.
If
the
arbitrator
determines
that
there
is
a
reasonable
26
basis
to
believe
a
child
who
is
the
subject
of
a
child
custody
27
dispute
is
abused
or
neglected,
the
arbitrator
shall
terminate
28
the
arbitration
of
the
child
custody
dispute
and
report
the
29
abuse
or
neglect
to
the
court,
or
to
another
appropriate
30
authority.
31
3.
An
arbitrator
may
make
a
temporary
award
to
protect
a
32
party
or
child
from
harm,
harassment,
or
intimidation.
33
4.
On
motion
of
a
party,
the
court
may
stay
arbitration
and
34
review
a
determination
or
temporary
award
under
this
section.
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5.
This
section
supplements
remedies
available
under
1
law
of
this
state
other
than
this
chapter
for
the
protection
2
of
victims
of
domestic
violence,
family
violence,
stalking,
3
harassment,
and
similar
abuse.
4
Sec.
13.
NEW
SECTION
.
598A.13
Powers
and
duties
of
5
arbitrator.
6
1.
An
arbitrator
shall
conduct
an
arbitration
in
a
manner
7
the
arbitrator
considers
appropriate
for
a
fair
and
expeditious
8
disposition
of
the
family
law
dispute.
9
2.
An
arbitrator
shall
provide
each
party
a
right
to
be
10
heard,
to
present
evidence
material
to
the
family
law
dispute,
11
and
to
cross-examine
witnesses.
12
3.
Unless
the
parties
otherwise
agree
in
a
record,
an
13
arbitrator
may
do
all
of
the
following:
14
a.
Select
the
rules
for
conducting
the
arbitration.
15
b.
Hold
a
conference
with
the
parties
before
a
hearing.
16
c.
Determine
the
date,
time,
and
place
of
a
hearing.
17
d.
Require
a
party
to
provide
all
of
the
following:
18
(1)
A
copy
of
a
relevant
court
order.
19
(2)
Information
required
to
be
disclosed
in
a
family
law
20
proceeding
under
chapters
598
and
600B
and
the
applicable
Iowa
21
rules
of
civil
procedure.
22
(3)
A
proposed
award
which
addresses
each
issue
in
23
arbitration.
24
e.
Interview
a
child
who
is
the
subject
of
a
child
custody
25
dispute.
26
f.
Appoint
a
private
expert
at
the
expense
of
the
parties.
27
g.
Administer
an
oath
or
affirmation
and
issue
a
subpoena
28
for
the
attendance
of
a
witness
or
the
production
of
documents
29
and
other
evidence
at
a
hearing.
30
h.
Permit
and
compel
discovery
concerning
the
family
law
31
dispute
and
determine
the
date,
time,
and
place
of
discovery.
32
i.
Determine
the
admissibility
and
weight
of
evidence.
33
j.
Permit
deposition
of
a
witness
for
use
as
evidence
at
a
34
hearing.
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k.
For
good
cause,
prohibit
a
party
from
disclosing
1
information.
2
l.
Appoint
an
attorney,
guardian
ad
litem,
or
other
3
representative
for
a
child
at
the
expense
of
the
parties.
4
m.
Impose
a
procedure
to
protect
a
party
or
child
from
risk
5
of
harm,
harassment,
or
intimidation.
6
n.
Allocate
arbitration
fees,
attorney
fees,
expert
witness
7
fees,
and
other
costs
to
the
parties.
8
o.
Impose
a
sanction
on
a
party
for
bad
faith
or
misconduct
9
during
the
arbitration
according
to
standards
governing
10
imposition
of
a
sanction
for
litigant
misconduct
in
a
family
11
law
proceeding.
12
4.
An
arbitrator
shall
not
allow
ex
parte
communication
13
except
to
the
extent
allowed
in
a
family
law
proceeding
for
14
communication
with
a
judge.
15
Sec.
14.
NEW
SECTION
.
598A.14
Recording
of
hearing.
16
An
arbitration
hearing
need
not
be
recorded
unless
required
17
by
the
arbitrator,
provided
by
the
arbitration
agreement,
or
18
requested
by
a
party.
19
Sec.
15.
NEW
SECTION
.
598A.15
Award.
20
1.
An
arbitrator
shall
make
an
award
in
a
record,
dated
and
21
signed
by
the
arbitrator.
The
arbitrator
shall
give
notice
of
22
the
award
to
each
party
by
a
method
agreed
on
by
the
parties
23
or,
if
the
parties
have
not
agreed
on
a
method,
under
section
24
679A.15.
25
2.
a.
Except
as
provided
in
paragraph
“b”
,
the
arbitrator
26
shall
make
written
findings
explaining
an
award.
27
b.
Except
as
provided
in
subsection
3,
the
parties,
by
28
agreement,
may
stipulate
that
paragraph
“a”
does
not
apply.
29
3.
Notwithstanding
subsection
2,
paragraph
“b”
,
for
an
award
30
determining
a
child
custody
dispute
or
a
child
support
dispute,
31
the
arbitrator
shall
state
the
reasons
on
which
the
award
is
32
based
as
required
by
chapter
598.
33
4.
An
award
is
not
enforceable
as
a
judgment
until
confirmed
34
under
section
598A.16.
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Sec.
16.
NEW
SECTION
.
598A.16
Confirmation
of
award.
1
1.
After
an
arbitrator
gives
notice
under
section
598A.15,
2
subsection
1,
or
makes
a
correction
under
section
598A.17,
a
3
party
may
move
the
court
for
an
order
confirming
the
award
or,
4
when
applicable,
entry
of
the
decree
of
dissolution
of
marriage
5
incorporating
the
award.
6
2.
Except
as
set
forth
in
subsection
3,
the
court
shall
7
confirm
an
award
if
any
of
the
following
apply:
8
a.
The
parties
agree
in
a
record
to
confirmation.
9
b.
All
of
the
following
apply:
10
(1)
The
time
period
under
section
598A.18
has
expired,
and
11
no
motion
is
pending
under
section
598A.18.
12
(2)
The
time
period
under
section
598A.19,
subsection
5,
has
13
expired,
and
no
motion
is
pending
under
section
598A.19.
14
3.
If
an
award
determines
a
child
custody
dispute
or
a
15
child
support
dispute,
the
court
shall
confirm
the
award
under
16
subsection
2
if
the
court
finds,
after
a
review
of
the
record
17
if
necessary,
that
the
award
on
its
face
does
all
of
the
18
following:
19
a.
Complies
with
section
598A.15
and
chapter
598
or
600B.
20
b.
Is
in
the
best
interests
of
the
child.
21
4.
On
confirmation,
an
award
is
enforceable
as
a
judgment.
22
5.
Unless
the
parties
otherwise
agree,
the
arbitration
23
proceedings
and
the
arbitration
award
are
confidential.
If
24
either
party
includes,
in
the
motion
under
subsection
1,
a
25
request
that
the
arbitration
award
be
filed
under
seal,
the
26
court
shall
file
the
award
under
seal.
27
Sec.
17.
NEW
SECTION
.
598A.17
Correction
by
arbitrator
of
28
unconfirmed
award.
29
On
motion
of
a
party
made
not
later
than
twenty
days
after
30
an
arbitrator
gives
notice
under
section
598A.15,
subsection
31
1,
the
arbitrator
may
correct
the
award
if
the
award
has
an
32
evident
mathematical
miscalculation
or
an
evident
mistake
in
33
the
description
of
a
person,
thing,
or
property
or
to
clarify
34
the
award.
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Sec.
18.
NEW
SECTION
.
598A.18
Correction
or
confirmation
1
by
court
of
unconfirmed
award.
2
1.
On
motion
of
a
party
made
not
later
than
thirty
days
3
after
an
arbitrator
gives
notice
under
section
598A.15,
4
subsection
1,
or
makes
a
correction
under
section
598A.17,
the
5
court
shall
correct
the
award
if
any
of
the
following
are
true:
6
a.
The
award
has
an
evident
mathematical
miscalculation
or
7
an
evident
mistake
in
the
description
of
a
person,
thing,
or
8
property.
9
b.
The
arbitrator
made
an
award
on
a
family
law
dispute
not
10
submitted
to
the
arbitrator,
and
the
award
may
be
corrected
11
without
affecting
the
merits
of
the
issues
submitted.
12
2.
A
motion
under
this
section
to
correct
an
award
may
be
13
joined
with
a
motion
to
vacate
or
amend
the
award
under
section
14
598A.19.
15
3.
Unless
a
motion
under
section
598A.19
is
pending,
the
16
court
may
confirm
a
corrected
award
under
section
598A.16.
17
Sec.
19.
NEW
SECTION
.
598A.19
Vacation,
amendment,
or
18
confirmation
by
court
of
unconfirmed
award.
19
1.
Subject
to
subsection
2,
on
motion
of
a
party,
the
20
court
shall
vacate
an
unconfirmed
award
if
the
moving
party
21
establishes
any
of
the
following:
22
a.
The
award
was
procured
by
corruption,
fraud,
or
other
23
undue
means.
24
b.
There
was
any
of
the
following:
25
(1)
Evident
partiality
by
the
arbitrator.
26
(2)
Corruption
by
the
arbitrator.
27
(3)
Misconduct
by
the
arbitrator
substantially
prejudicing
28
the
rights
of
a
party.
29
c.
The
arbitrator
refused
to
postpone
a
hearing
on
showing
30
of
sufficient
cause
for
postponement,
refused
to
consider
31
evidence
material
to
the
controversy,
or
otherwise
conducted
32
the
hearing
contrary
to
section
598A.13,
so
as
to
prejudice
33
substantially
the
rights
of
a
party.
34
d.
The
arbitrator
exceeded
the
arbitrator’s
powers.
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e.
No
arbitration
agreement
exists,
unless
the
moving
1
party
participated
in
the
arbitration
without
making
a
motion
2
under
section
598A.7
not
later
than
the
beginning
of
the
first
3
arbitration
hearing.
4
f.
The
arbitration
was
conducted
without
proper
notice
under
5
section
598A.6,
so
as
to
prejudice
substantially
the
rights
of
6
a
party.
7
2.
Subject
to
subsection
3,
on
motion
of
a
party,
the
court
8
shall
vacate
an
unconfirmed
award
which
determines
a
child
9
custody
dispute
or
a
child
support
dispute
if
the
moving
party
10
establishes
any
of
the
following:
11
a.
That
the
award
does
not
comply
with
section
598A.15
or
12
chapter
598
or
600B
or
is
contrary
to
the
best
interests
of
the
13
child.
14
b.
That
the
statement
of
reasons
in
the
award
is
inadequate
15
for
the
court
to
review
the
award.
16
c.
That
a
ground
for
vacating
the
award
under
subsection
1
17
exists.
18
3.
If
an
award
is
subject
to
vacation
under
subsection
19
2,
paragraph
“a”
,
on
motion
of
a
party,
the
court
may
amend
20
the
award,
if
amending
rather
than
vacating
is
in
the
best
21
interests
of
the
child.
22
4.
The
court
may
determine
a
motion
under
subsection
2
or
23
3
as
follows:
24
a.
Based
on
the
record
of
the
arbitration
hearing,
if
the
25
hearing
was
recorded,
and
facts
occurring
after
the
hearing.
26
b.
If
there
is
no
record,
de
novo.
27
5.
A
motion
under
this
section
to
vacate
or
amend
an
award
28
must
be
filed
not
later
than
thirty
days
after
the
following:
29
a.
Except
as
set
forth
in
paragraph
“b”
,
after
an
arbitrator
30
gives
notice
under
section
598A.15,
subsection
1,
or
makes
a
31
correction
under
section
598A.17.
32
b.
For
a
motion
under
subsection
1,
paragraph
“a”
,
the
33
ground
of
corruption,
fraud,
or
other
undue
means
is
known
or,
34
by
the
exercise
of
reasonable
care,
should
be
known
to
the
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party
filing
the
motion.
1
6.
If
the
court
under
this
section
vacates
an
award
for
a
2
reason
other
than
the
absence
of
an
enforceable
arbitration
3
agreement,
the
court
may
order
a
rehearing
before
an
4
arbitrator.
The
rehearing
shall
be
before
another
arbitrator
5
if
the
reason
for
vacating
the
award
is
any
of
the
following:
6
a.
The
award
was
procured
by
corruption,
fraud,
or
other
7
undue
means.
8
b.
There
was
evident
partiality,
corruption,
or
misconduct
9
by
the
arbitrator.
10
7.
If
the
court
under
this
section
denies
a
motion
to
vacate
11
or
amend
an
award,
unless
a
motion
is
pending
under
section
12
598A.18,
the
court
may
confirm
the
award
under
section
598A.16.
13
Sec.
20.
NEW
SECTION
.
598A.20
Clarification
of
confirmed
14
award.
15
If
the
meaning
or
effect
of
an
award
confirmed
under
section
16
598A.16
is
in
dispute,
the
parties
may
do
any
of
the
following:
17
1.
Agree
to
arbitrate
the
family
law
dispute
before
the
18
original
arbitrator
or
another
arbitrator.
19
2.
Proceed
under
rule
of
civil
procedure
1.1101.
20
Sec.
21.
NEW
SECTION
.
598A.21
Judgment
on
award.
21
1.
On
granting
an
order
confirming,
vacating
without
22
directing
a
rehearing,
or
amending
an
award
under
this
chapter,
23
the
court
shall
enter
judgment
in
conformity
with
the
order.
24
2.
On
motion
of
a
party,
the
court
shall
order
that
a
25
document
or
part
of
the
arbitration
record
be
sealed
or
26
redacted
to
prevent
public
disclosure
of
all
or
part
of
the
27
record
or
award.
28
Sec.
22.
NEW
SECTION
.
598A.22
Modification
of
confirmed
29
award
or
judgment.
30
If
a
party
requests
under
law
of
this
state
other
than
31
this
chapter
modification
of
an
award
confirmed
under
section
32
598A.16
or
of
a
judgment
on
an
award,
based
on
a
fact
occurring
33
after
confirmation:
34
1.
The
parties
shall
proceed
under
the
dispute
resolution
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method
specified
in
the
award
or
judgment.
1
2.
If
the
award
or
judgment
does
not
specify
a
dispute
2
resolution
method,
the
parties
may
do
any
of
the
following:
3
a.
Agree
to
arbitrate
the
modification
before
the
original
4
arbitrator
or
another
arbitrator.
5
b.
Absent
agreement,
proceed
under
chapter
598
or
600B
and
6
the
applicable
Iowa
rules
of
civil
procedure.
7
Sec.
23.
NEW
SECTION
.
598A.23
Enforcement
of
confirmed
8
award.
9
1.
A
court
shall
enforce
an
award
confirmed
under
section
10
598A.16,
including
a
temporary
award,
in
the
manner
and
to
the
11
same
extent
as
any
other
order
or
judgment
of
a
court.
12
2.
A
court
shall
enforce
an
arbitration
award
in
a
family
13
law
dispute
confirmed
by
a
court
in
another
state
in
the
manner
14
and
to
the
same
extent
as
any
other
order
or
judgment
from
15
another
state.
16
Sec.
24.
NEW
SECTION
.
598A.24
Appeal.
17
1.
An
appeal
may
be
taken
under
this
chapter
from
all
of
the
18
following:
19
a.
An
order
granting
or
denying
a
motion
to
compel
20
arbitration.
21
b.
An
order
granting
or
denying
a
motion
to
stay
22
arbitration.
23
c.
An
order
confirming
or
denying
confirmation
of
an
award.
24
d.
An
order
correcting
an
award.
25
e.
An
order
vacating
an
award
without
directing
a
rehearing.
26
f.
A
final
judgment.
27
2.
An
appeal
under
this
section
may
be
taken
as
from
an
28
order
or
a
judgment
in
a
civil
action.
29
Sec.
25.
NEW
SECTION
.
598A.26
Uniformity
of
application
30
and
construction.
31
In
applying
and
construing
this
uniform
act,
consideration
32
must
be
given
to
the
need
to
promote
uniformity
of
the
law
with
33
respect
to
its
subject
matter
among
states
that
enact
it.
34
Sec.
26.
NEW
SECTION
.
598A.27
Relation
to
Electronic
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Signatures
in
Global
and
National
Commerce
Act.
1
To
the
extent
permitted
by
section
102
of
the
federal
2
Electronic
Signatures
in
Global
and
National
Commerce
Act,
15
3
U.S.C.
§7002,
this
chapter
may
supersede
provisions
of
that
4
Act.
5
Sec.
27.
NEW
SECTION
.
598A.28
Transitional
provision.
6
1.
This
chapter
applies
to
arbitration
of
a
family
law
7
dispute
under
an
arbitration
agreement
made
on
or
after
the
8
effective
date
of
this
Act.
9
2.
If
an
arbitration
agreement
was
made
before
the
effective
10
date
of
this
Act,
the
parties
may
agree
in
a
record
that
this
11
chapter
applies
to
the
arbitration.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
creates
the
Iowa
uniform
family
law
arbitration
16
Act.
The
bill
provides
definitions,
including
the
terms
17
“arbitrator”,
“child
custody
dispute”,
“child
support
dispute”,
18
and
“family
law
dispute”.
19
The
bill
governs
the
arbitration
in
a
family
dispute
but
does
20
not
allow
an
arbitrator
to
grant
a
legal
separation,
a
divorce,
21
a
dissolution
of
marriage,
or
an
annulment;
to
terminate
22
parental
rights,
to
grant
an
adoption
or
a
guardianship
of
23
a
child
or
protected
person;
or
to
determine
the
status
of
24
dependency
of
a
child
or
the
support
of
a
child.
25
The
bill
provides
that
an
arbitration
agreement
must
be
in
26
a
record
signed
by
the
parties.
The
agreement
must
identify
27
the
arbitrator,
an
arbitration
organization,
or
a
method
of
28
selecting
an
arbitrator
and
identify
the
family
law
dispute
29
the
parties
intend
to
arbitrate.
The
bill
provides
that
a
30
family
law
dispute
that
arises
after
the
arbitration
agreement
31
is
made
unenforceable
unless
the
parties
affirm
the
agreement
32
in
a
record
after
the
dispute
arises
or
the
agreement
was
33
entered
during
a
family
law
proceeding
and
the
court
approved
34
or
incorporated
the
agreement
in
an
order
issued
in
the
35
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proceeding.
If
there
is
an
objection
to
the
arbitration
1
agreement
on
the
grounds
that
it
is
unenforceable
or
the
2
agreement
does
not
involve
a
family
dispute,
the
court
shall
3
determine
whether
it
is
enforceable
or
includes
an
appropriate
4
dispute.
5
The
bill
provides
that
notice
for
arbitration
shall
be
made
6
either
in
a
manner
agreed
upon
or
by
Code
section
679A.15
7
(arbitration
——
applications
to
district
court).
8
The
bill
requires
motions
for
judicial
relief
to
be
filed
9
with
the
court
with
the
appropriate
jurisdiction.
A
party
10
may
file
a
motion
to
compel
arbitration
by
the
court.
The
11
bill
also
allows
a
party
to
file
a
motion
for
judicial
relief
12
to
terminate
an
arbitration.
The
bill
allows
upon
motion
13
of
a
party
for
the
court
to
order
consolidation
of
separate
14
arbitrations
involving
the
same
parties
and
a
common
issue
15
of
law
or
fact
if
necessary
for
resolution
of
the
family
law
16
dispute.
17
The
bill
provides
that
an
arbitrator
must
be
an
attorney
at
18
law,
a
former
attorney
at
law
on
inactive
status,
or
a
retired
19
judge
and
have
successfully
completed
a
combined
five
hours
of
20
instruction
in
an
accredited
continuing
legal
education
course
21
on
domestic
violence
and
child
abuse.
22
The
bill
requires
an
arbitrator
to
disclose
any
information
23
a
reasonable
person
would
believe
would
affect
the
arbitrator’s
24
impartiality.
The
arbitrator,
the
attorneys,
and
parties
are
25
all
required
to
disclose
information
that
would
change
the
26
impartiality
of
the
arbitrator
or
the
arbitrator’s
ability
27
to
make
a
timely
award.
The
bill
provides
that
if
a
timely
28
disclosure
was
not
made,
a
party
may
file
a
motion
to
suspend
29
the
arbitration
no
later
than
15
days
after
such
failure.
The
30
bill
provides
that
failure
to
disclose
can
also
result
in
31
the
vacating
of
an
award
and
other
appropriate
relief.
Upon
32
discharge
of
an
arbitrator,
the
parties
may
select
a
new
33
arbitrator
or
request
that
the
court
select
one.
34
The
bill
allows
a
party
to
an
arbitration
to
be
represented
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by
counsel,
be
accompanied
by
an
individual
who
will
not
be
1
used
as
a
witness
or
advocate,
and
to
fully
participate
in
the
2
arbitration.
Parties
are
not
allowed
to
communicate
ex
parte
3
with
the
arbitrator.
4
The
bill
provides
that
prior
to
the
selection
of
an
5
arbitrator,
the
court
may
enter
a
temporary
order
for
the
6
family
law
dispute.
After
the
selection
of
an
arbitrator,
the
7
arbitrator
may
make
a
temporary
award.
8
The
bill
provides
that
if
a
party
is
subject
to
a
protection
9
order
and
the
arbitrator
determines
there
is
a
reasonable
10
basis
to
believe
a
party
is
the
victim
of
domestic
violence
11
or
a
party’s
safety
or
ability
to
participate
effectively
in
12
arbitration
is
otherwise
at
risk,
the
arbitrator
shall
stay
the
13
arbitration
and
refer
the
parties
to
court.
The
arbitration
14
shall
not
resume
until
the
party
at
risk
affirms
the
agreement
15
in
a
record
and
the
court
determines
that
the
affirmation
is
16
informed
and
voluntary,
the
arbitration
is
not
inconsistent
17
with
the
protection
order,
and
reasonable
procedures
are
18
in
place
to
protect
the
party.
The
bill
provides
that
if
19
an
arbitrator
reasonably
believes
that
a
child
subject
to
20
the
matter
is
abused
or
neglected,
the
arbitration
shall
be
21
terminated
and
the
abuse
or
neglect
shall
be
reported
to
the
22
court
or
another
appropriate
authority.
23
The
bill
requires
that
the
arbitrator
conduct
the
24
arbitration
in
a
manner
considered
appropriate
for
a
fair
and
25
expeditious
disposition.
The
bill
provides
the
arbitrator
the
26
following
powers:
to
select
the
rules
for
the
arbitration;
27
conduct
the
prehearing
conferences
and
the
hearing;
administer
28
oaths
to
parties
and
witnesses;
allow
any
party
to
conduct
29
prehearing
discovery
by
interrogatories,
deposition,
requests
30
for
production
of
documents,
or
other
means;
determine
the
31
admissibility
of
evidence;
and
subpoena
witnesses
or
documents
32
upon
the
arbitrator’s
own
initiative
or
request
of
a
party;
the
33
power
to
meet
with
a
child,
appoint
a
representative
for
the
34
child,
and
impose
procedures
to
protect
a
party
or
child
from
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risk
of
harm;
and
to
sanction
bad
faith
conduct
according
to
1
state
law
governing
misconduct
in
family
law
proceedings.
2
The
bill
does
not
require
an
arbitration
hearing
to
be
3
recorded.
4
The
bill
provides
that
an
award
shall
be
made
in
a
record,
5
dated
and
signed
by
the
arbitrator
and
the
parties
shall
be
6
given
notice.
An
award
is
not
enforceable
as
a
judgment
until
7
confirmed
by
the
court.
8
The
bill
requires
the
court
to
confirm
an
award
given
by
9
an
arbitrator.
The
court
shall
confirm
an
award
if
all
the
10
parties
agree
in
a
record
to
confirmation
or
the
time
period
to
11
correct
an
unconfirmed
award
or
vacate
an
award
has
expired.
12
The
bill
provides
that
if
an
award
relates
to
a
child
custody
13
dispute
or
a
child
support
dispute,
the
court
shall
confirm
14
the
award
if
the
court
finds
that
the
award
complies
with
the
15
bill
and
Code
chapter
598
(dissolution
of
marriage
and
domestic
16
relations)
or
600B
(paternity
and
obligation
for
support)
and
17
is
in
the
best
interests
of
the
child.
The
bill
provides
that
18
upon
confirmation,
the
award
is
enforceable
as
a
judgment
19
and
that
unless
otherwise
agreed
upon
by
the
parties,
the
20
arbitration
proceeds
are
confidential.
21
The
bill
allows
the
arbitrator,
upon
motion
of
a
party
22
not
later
than
20
days
after
notice
of
the
award,
to
make
23
a
correction
of
an
award.
For
an
unconfirmed
award,
the
24
parties
may
make
a
motion
for
correction
and
a
motion
to
25
amend
or
vacate
no
later
than
30
days
after
the
arbitrator
26
has
given
notice
of
the
award.
The
bill
allows
the
court
to
27
vacate
an
unconfirmed
award
if
the
moving
party
shows
that
28
the
award
was
procured
by
corruption,
fraud,
or
other
undue
29
means;
there
was
an
evident
partiality
by
the
arbitrator,
30
corruption
by
the
arbitrator,
or
other
misconduct
by
the
31
arbitrator;
the
arbitrator,
refused
to
postpone
a
hearing,
32
consider
evidence
material
to
the
controversy,
or
otherwise
did
33
not
conduct
the
hearing
impartially;
the
arbitrator
exceeded
34
the
arbitrator’s
powers;
no
arbitration
agreement
exists;
or
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the
arbitration
was
conducted
without
proper
notice.
In
a
1
child
custody
dispute,
the
bill
provides
that
the
court
shall
2
vacate
an
unconfirmed
award
if
the
moving
party
establishes
3
that
award
does
not
comply
with
the
bill,
Code
chapter
600B
4
(paternity
and
obligation
for
support),
or
is
contrary
to
the
5
best
interests
of
the
child;
the
statement
of
reasons
in
the
6
award
is
inadequate
for
court
review
of
the
award;
or
a
ground
7
for
vacating
the
award
under
the
bill
exists.
The
court
is
8
required
to
determine
a
motion
in
a
child
custody
dispute
based
9
on
the
record
of
the
arbitration
hearing
and
facts
occurring
10
after
the
hearing.
If
there
is
no
record
for
the
hearing,
11
the
court
shall
consider
it
de
novo.
The
bill
requires
that
12
a
motion
to
vacate
or
amend
an
award
must
be
filed
not
later
13
than
30
days
after
an
arbitrator
gives
notice
of
an
award,
the
14
arbitrator
makes
a
correction
to
the
award,
or
a
party
moves
to
15
vacate
the
award.
16
The
bill
allows
the
parties
to
arbitrate
any
dispute
arising
17
from
the
meaning
or
effect
of
a
confirmed
award.
18
The
bill
requires
the
court
to
enter
a
judgment
after
19
confirming,
vacating,
or
amending
an
award.
20
The
bill
provides
that
the
parties
may
modify
an
award
21
either
by
the
dispute
resolution
specified
in
the
judgment
22
or
award
or,
if
the
award
or
judgment
does
not
specify
a
23
dispute-resolution
method,
the
parties
may
agree
to
arbitrate
24
or
proceed
under
the
relevant
Code
chapter.
25
The
bill
allows
an
order
granting
or
denying
a
motion
to
26
compel
arbitration;
granting
or
denying
a
motion
to
stay
27
arbitration;
confirming
or
denying
confirmation
of
an
award;
28
correcting
an
award;
vacating
an
award
without
directing
a
29
rehearing;
and
final
judgment
to
be
appealed.
30
The
bill
does
not
include
a
section
from
the
uniform
act
31
relating
to
the
immunity
of
arbiters.
32
The
bill
applies
to
arbitration
of
a
family
law
dispute
under
33
an
arbitration
agreement
made
on
or
after
the
bill’s
effective
34
date.
If
an
arbitration
agreement
was
made
before
the
bill’s
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effective
date,
parties
may
agree
in
a
record
that
the
bill’s
1
provisions
will
apply
to
the
arbitration.
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