House File 667 - Introduced HOUSE FILE 667 BY LOHSE 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 TLSB 1354YH (3) 91 cm/jh

H.F. 667 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, 35 -1- LSB 1354YH (3) 91 cm/jh 1/ 20

H.F. 667 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 under chapter 252B, 32 252E, 252F, or 252H, or if support payments have been assigned 33 to the department of health and human services pursuant to 34 section 234.39 or 239B.6. 35 -2- LSB 1354YH (3) 91 cm/jh 2/ 20

H.F. 667 Sec. 4. NEW SECTION . 598A.4 Applicable law. 1 1. a. Subject to paragraph “b” , the law applicable to 2 arbitration is chapter 679A. 3 b. If there is a conflict between chapter 679A and this 4 chapter, this chapter controls. 5 2. In determining the merits of a family law dispute, an 6 arbitrator shall apply the law of this state, including its 7 choice of law rules. 8 Sec. 5. NEW SECTION . 598A.5 Arbitration agreements. 9 1. An arbitration agreement must do the following: 10 a. Be in a record signed by the parties. 11 b. Identify the arbitrator, an arbitration organization, or 12 a method of selecting an arbitrator. 13 c. Identify the family law dispute the parties intend to 14 arbitrate. 15 2. Except as otherwise provided in subsection 3, an 16 agreement in a record to arbitrate a family law dispute that 17 arises between the parties before, at the time, or after 18 the agreement is made is valid and enforceable as any other 19 contract and irrevocable except on a ground that exists at law 20 or in equity for the revocation of a contract. 21 3. An agreement to arbitrate a child custody dispute or 22 child support dispute that arises between the parties after the 23 agreement is made is unenforceable unless any of the following 24 apply: 25 a. The parties affirm the agreement in a record after the 26 dispute arises. 27 b. The agreement was entered during a family law proceeding 28 and the court approved or incorporated the agreement in an 29 order issued in the proceeding. 30 4. If a party objects to arbitration on the grounds the 31 arbitration agreement is unenforceable or the agreement does 32 not include a family law dispute, the court shall decide 33 whether the agreement is enforceable or includes the family law 34 dispute. 35 -3- LSB 1354YH (3) 91 cm/jh 3/ 20

H.F. 667 Sec. 6. NEW SECTION . 598A.6 Notice of arbitration. 1 A party shall initiate arbitration by giving notice to 2 arbitrate to the other party in the manner specified in the 3 arbitration agreement or, in the absence of a specified manner, 4 under section 679A.15. 5 Sec. 7. NEW SECTION . 598A.7 Motion for judicial relief. 6 1. A motion for judicial relief under this chapter shall be 7 made to the court in which a proceeding is pending involving a 8 family law dispute subject to arbitration or, if no proceeding 9 is pending, a court with jurisdiction over the parties and the 10 subject matter. 11 2. On motion by a party, the court may compel arbitration 12 if the parties have entered into an arbitration agreement that 13 complies with section 598A.5 unless the court determines under 14 section 598A.12 that the arbitration should not proceed. 15 3. On motion of a party, the court shall terminate 16 arbitration if the court determines any of the following: 17 a. The agreement to arbitrate is unenforceable. 18 b. The family law dispute is not subject to arbitration. 19 c. Under section 598A.12, the arbitration should not 20 proceed. 21 4. Unless prohibited by an arbitration agreement, on motion 22 of a party, the court may order consolidation of separate 23 arbitrations involving the same parties and a common issue 24 of law or fact if necessary for the fair and expeditious 25 resolution of the family law dispute. 26 Sec. 8. NEW SECTION . 598A.8 Qualification and selection of 27 arbitrator. 28 1. Except as otherwise provided in subsection 2, unless 29 waived in a record by the parties, an arbitrator must be all of 30 the following: 31 a. An attorney at law, a former attorney at law on inactive 32 status, or a retired judge. 33 b. Have successfully completed a combined five hours of 34 instruction in an accredited continuing legal education course 35 -4- LSB 1354YH (3) 91 cm/jh 4/ 20

H.F. 667 on domestic violence and child abuse. 1 2. The identification in the arbitration agreement of an 2 arbitrator, arbitration organization, or method of selection of 3 the arbitrator controls. 4 3. If an arbitrator is unable or unwilling to act or if the 5 agreed-upon method of selecting an arbitrator fails, on motion 6 of a party, the court shall select an arbitrator. 7 Sec. 9. NEW SECTION . 598A.9 Disclosure by arbitrator —— 8 disqualification. 9 1. Before agreeing to serve as an arbitrator, an individual, 10 after making reasonable inquiry, shall disclose to all parties 11 any known fact a reasonable person would believe is likely to 12 affect any of the following: 13 a. The impartiality of the arbitrator, including bias, 14 a financial or personal interest in the outcome of the 15 arbitration, or an existing or past relationship with a party, 16 attorney representing a party, or witness. 17 b. The arbitrator’s ability to make a timely award. 18 2. a. An arbitrator, the parties, and the attorneys 19 representing the parties have a continuing obligation to 20 disclose to all parties any known fact a reasonable person 21 would believe is likely to affect the impartiality of the 22 arbitrator or the arbitrator’s ability to make a timely award. 23 b. The arbitrator shall disclose, and provide in writing to 24 the parties, the amount of initial fee, any hourly rate to be 25 charged, the process for invoices and payment for services and 26 information on the arbitration process, specifically including 27 how to terminate the arbitration. 28 3. An objection to selection or continued service of 29 an arbitrator and a motion for a stay of arbitration and 30 disqualification of the arbitrator shall be made under section 31 598A.7. 32 4. If a disclosure required by subsection 1, paragraph 33 “a” , or subsection 2 is not made, the court may do any of the 34 following: 35 -5- LSB 1354YH (3) 91 cm/jh 5/ 20

H.F. 667 a. On motion of a party not later than fifteen days after 1 the failure to disclose is known, or by the exercise of 2 reasonable care should have been known to the party, suspend 3 the arbitration. 4 b. On timely motion of party, vacate an award under section 5 598A.19, subsection 1, paragraph “b” . 6 c. If an award has been confirmed, grant other appropriate 7 relief under law of this state other than this chapter. 8 5. If the parties agree to discharge an arbitrator or 9 the arbitrator is disqualified, the parties by agreement may 10 select a new arbitrator or request the court to select another 11 arbitrator as provided for in section 598A.8. 12 Sec. 10. NEW SECTION . 598A.10 Party participation. 13 1. A party may do all of the following: 14 a. Be represented in an arbitration by counsel. 15 b. Be accompanied by an individual who will not be called as 16 a witness or act as an advocate. 17 c. Participate in the arbitration to the full extent 18 permitted under section 598A.13 and chapter 679A. 19 2. A party or representative of a party shall not 20 communicate ex parte with the arbitrator except to the extent 21 allowed in a family law proceeding for communication with a 22 judge. 23 Sec. 11. NEW SECTION . 598A.11 Temporary order or award. 24 1. Before an arbitrator is selected and able to act, on 25 motion of a party, the court may enter a temporary order under 26 section 598.10 or 600B.40A and the applicable Iowa rules of 27 civil procedure. 28 2. After an arbitrator is selected, all of the following 29 apply: 30 a. The arbitrator may make a temporary award under section 31 598.10 or 600B.40A and the applicable Iowa rules of civil 32 procedure. 33 b. If the matter is urgent and the arbitrator is not able to 34 act in a timely manner or provide an adequate remedy, on motion 35 -6- LSB 1354YH (3) 91 cm/jh 6/ 20

H.F. 667 of a party, the court may enter a temporary order. 1 3. On motion of a party, before the court confirms a final 2 award, the court, under section 598A.16, 598A.18, or 598A.19, 3 may confirm, correct, vacate, or amend a temporary award made 4 under subsection 2, paragraph “a” . 5 4. On motion of a party, the court may enforce a subpoena 6 or interim award issued by an arbitrator for the fair and 7 expeditious disposition of the arbitration. 8 Sec. 12. NEW SECTION . 598A.12 Protection of party or child. 9 1. a. This subsection applies if a party is subject 10 to a protection order or the arbitrator determines there 11 is a reasonable basis to believe a party is the victim of 12 domestic violence or a party’s safety or ability to participate 13 effectively in arbitration is otherwise at risk. 14 b. If the conditions described in paragraph “a” are met, 15 the arbitrator shall stay the arbitration and refer the parties 16 to court. The arbitration shall not proceed unless the party 17 at risk affirms the arbitration agreement in a record and the 18 court determines all of the following are true: 19 (1) The affirmation is informed and voluntary. 20 (2) Arbitration is not inconsistent with the protection 21 order. 22 (3) Reasonable procedures are in place to protect the party 23 from risk of harm, harassment, or intimidation. 24 2. If the arbitrator determines that there is a reasonable 25 basis to believe a child who is the subject of a child custody 26 dispute is abused or neglected, the arbitrator shall terminate 27 the arbitration of the child custody dispute and report the 28 abuse or neglect to the court, or to another appropriate 29 authority . 30 3. An arbitrator may make a temporary award to protect a 31 party or child from harm, harassment, or intimidation. 32 4. On motion of a party, the court may stay arbitration and 33 review a determination or temporary award under this section. 34 5. This section supplements remedies available under 35 -7- LSB 1354YH (3) 91 cm/jh 7/ 20

H.F. 667 law of this state other than this chapter for the protection 1 of victims of domestic violence, family violence, stalking, 2 harassment, and similar abuse. 3 Sec. 13. NEW SECTION . 598A.13 Powers and duties of 4 arbitrator. 5 1. An arbitrator shall conduct an arbitration in a manner 6 the arbitrator considers appropriate for a fair and expeditious 7 disposition of the family law dispute. 8 2. An arbitrator shall provide each party a right to be 9 heard, to present evidence material to the family law dispute, 10 and to cross-examine witnesses. 11 3. Unless the parties otherwise agree in a record, an 12 arbitrator may do all of the following: 13 a. Select the rules for conducting the arbitration. 14 b. Hold a conference with the parties before a hearing. 15 c. Determine the date, time, and place of a hearing. 16 d. Require a party to provide all of the following: 17 (1) A copy of a relevant court order. 18 (2) Information required to be disclosed in a family law 19 proceeding under chapters 598 and 600B and the applicable Iowa 20 rules of civil procedure. 21 (3) A proposed award which addresses each issue in 22 arbitration. 23 e. Interview a child who is the subject of a child custody 24 dispute. 25 f. Appoint a private expert at the expense of the parties. 26 g. Administer an oath or affirmation and issue a subpoena 27 for the attendance of a witness or the production of documents 28 and other evidence at a hearing. 29 h. Permit and compel discovery concerning the family law 30 dispute and determine the date, time, and place of discovery. 31 i. Determine the admissibility and weight of evidence. 32 j. Permit deposition of a witness for use as evidence at a 33 hearing. 34 k. For good cause, prohibit a party from disclosing 35 -8- LSB 1354YH (3) 91 cm/jh 8/ 20

H.F. 667 information. 1 l. Appoint an attorney, guardian ad litem, or other 2 representative for a child at the expense of the parties. 3 m. Impose a procedure to protect a party or child from risk 4 of harm, harassment, or intimidation. 5 n. Allocate arbitration fees, attorney fees, expert witness 6 fees, and other costs to the parties. 7 o. Impose a sanction on a party for bad faith or misconduct 8 during the arbitration according to standards governing 9 imposition of a sanction for litigant misconduct in a family 10 law proceeding. 11 4. An arbitrator shall not allow ex parte communication 12 except to the extent allowed in a family law proceeding for 13 communication with a judge. 14 Sec. 14. NEW SECTION . 598A.14 Recording of hearing. 15 An arbitration hearing need not be recorded unless required 16 by the arbitrator, provided by the arbitration agreement, or 17 requested by a party. 18 Sec. 15. NEW SECTION . 598A.15 Award. 19 1. An arbitrator shall make an award in a record, dated and 20 signed by the arbitrator. The arbitrator shall give notice of 21 the award to each party by a method agreed on by the parties 22 or, if the parties have not agreed on a method, under section 23 679A.15. 24 2. a. Except as provided in paragraph “b” , the arbitrator 25 shall make written findings explaining an award. 26 b. Except as provided in subsection 3, the parties, by 27 agreement, may stipulate that paragraph “a” does not apply. 28 3. Notwithstanding subsection 2, paragraph “b” , for an award 29 determining a child custody dispute or a child support dispute, 30 the arbitrator shall state the reasons on which the award is 31 based as required by chapter 598. 32 4. An award is not enforceable as a judgment until confirmed 33 under section 598A.16. 34 Sec. 16. NEW SECTION . 598A.16 Confirmation of award. 35 -9- LSB 1354YH (3) 91 cm/jh 9/ 20

H.F. 667 1. After an arbitrator gives notice under section 598A.15, 1 subsection 1, or makes a correction under section 598A.17, a 2 party may move the court for an order confirming the award or, 3 when applicable, entry of the decree of dissolution of marriage 4 incorporating the award. 5 2. Except as set forth in subsection 3, the court shall 6 confirm an award if any of the following apply: 7 a. The parties agree in a record to confirmation. 8 b. All of the following apply: 9 (1) The time period under section 598A.18 has expired, and 10 no motion is pending under section 598A.18. 11 (2) The time period under section 598A.19, subsection 5, has 12 expired, and no motion is pending under section 598A.19. 13 3. If an award determines a child custody dispute or a 14 child support dispute, the court shall confirm the award under 15 subsection 2 if the court finds, after a review of the record 16 if necessary, that the award on its face does all of the 17 following: 18 a. Complies with section 598A.15 and chapter 598 or 600B. 19 b. Is in the best interests of the child. 20 4. On confirmation, an award is enforceable as a judgment. 21 5. Unless the parties otherwise agree, the arbitration 22 proceedings and the arbitration award are confidential. If 23 either party includes, in the motion under subsection 1, a 24 request that the arbitration award be filed under seal, the 25 court shall file the award under seal. 26 Sec. 17. NEW SECTION . 598A.17 Correction by arbitrator of 27 unconfirmed award. 28 On motion of a party made not later than twenty days after 29 an arbitrator gives notice under section 598A.15, subsection 30 1, the arbitrator may correct the award if the award has an 31 evident mathematical miscalculation or an evident mistake in 32 the description of a person, thing, or property or to clarify 33 the award. 34 Sec. 18. NEW SECTION . 598A.18 Correction or confirmation 35 -10- LSB 1354YH (3) 91 cm/jh 10/ 20

H.F. 667 by court of unconfirmed award. 1 1. On motion of a party made not later than thirty days 2 after an arbitrator gives notice under section 598A.15, 3 subsection 1, or makes a correction under section 598A.17, the 4 court shall correct the award if any of the following are true: 5 a. The award has an evident mathematical miscalculation or 6 an evident mistake in the description of a person, thing, or 7 property. 8 b. The arbitrator made an award on a family law dispute not 9 submitted to the arbitrator, and the award may be corrected 10 without affecting the merits of the issues submitted. 11 2. A motion under this section to correct an award may be 12 joined with a motion to vacate or amend the award under section 13 598A.19. 14 3. Unless a motion under section 598A.19 is pending, the 15 court may confirm a corrected award under section 598A.16. 16 Sec. 19. NEW SECTION . 598A.19 Vacation, amendment, or 17 confirmation by court of unconfirmed award. 18 1. Subject to subsection 2, on motion of a party, the 19 court shall vacate an unconfirmed award if the moving party 20 establishes any of the following: 21 a. The award was procured by corruption, fraud, or other 22 undue means. 23 b. There was any of the following: 24 (1) Evident partiality by the arbitrator. 25 (2) Corruption by the arbitrator. 26 (3) Misconduct by the arbitrator substantially prejudicing 27 the rights of a party. 28 c. The arbitrator refused to postpone a hearing on showing 29 of sufficient cause for postponement, refused to consider 30 evidence material to the controversy, or otherwise conducted 31 the hearing contrary to section 598A.13, so as to prejudice 32 substantially the rights of a party. 33 d. The arbitrator exceeded the arbitrator’s powers. 34 e. No arbitration agreement exists, unless the moving 35 -11- LSB 1354YH (3) 91 cm/jh 11/ 20

H.F. 667 party participated in the arbitration without making a motion 1 under section 598A.7 not later than the beginning of the first 2 arbitration hearing. 3 f. The arbitration was conducted without proper notice under 4 section 598A.6, so as to prejudice substantially the rights of 5 a party. 6 2. Subject to subsection 3, on motion of a party, the court 7 shall vacate an unconfirmed award which determines a child 8 custody dispute or a child support dispute if the moving party 9 establishes any of the following: 10 a. That the award does not comply with section 598A.15 or 11 chapter 598 or 600B or is contrary to the best interests of the 12 child. 13 b. That the statement of reasons in the award is inadequate 14 for the court to review the award. 15 c. That a ground for vacating the award under subsection 1 16 exists. 17 3. If an award is subject to vacation under subsection 18 2, paragraph “a” , on motion of a party, the court may amend 19 the award, if amending rather than vacating is in the best 20 interests of the child. 21 4. The court may determine a motion under subsection 2 or 22 3 as follows: 23 a. Based on the record of the arbitration hearing, if the 24 hearing was recorded, and facts occurring after the hearing. 25 b. If there is no record, de novo. 26 5. A motion under this section to vacate or amend an award 27 must be filed not later than thirty days after the following: 28 a. Except as set forth in paragraph “b” , after an arbitrator 29 gives notice under section 598A.15, subsection 1, or makes a 30 correction under section 598A.17. 31 b. For a motion under subsection 1, paragraph “a” , the 32 ground of corruption, fraud, or other undue means is known or, 33 by the exercise of reasonable care, should be known to the 34 party filing the motion. 35 -12- LSB 1354YH (3) 91 cm/jh 12/ 20

H.F. 667 6. If the court under this section vacates an award for a 1 reason other than the absence of an enforceable arbitration 2 agreement, the court may order a rehearing before an 3 arbitrator. The rehearing shall be before another arbitrator 4 if the reason for vacating the award is any of the following: 5 a. The award was procured by corruption, fraud, or other 6 undue means. 7 b. There was evident partiality, corruption, or misconduct 8 by the arbitrator. 9 7. If the court under this section denies a motion to vacate 10 or amend an award, unless a motion is pending under section 11 598A.18, the court may confirm the award under section 598A.16. 12 Sec. 20. NEW SECTION . 598A.20 Clarification of confirmed 13 award. 14 If the meaning or effect of an award confirmed under section 15 598A.16 is in dispute, the parties may do any of the following: 16 1. Agree to arbitrate the family law dispute before the 17 original arbitrator or another arbitrator. 18 2. Proceed under rule of civil procedure 1.1101. 19 Sec. 21. NEW SECTION . 598A.21 Judgment on award. 20 1. On granting an order confirming, vacating without 21 directing a rehearing, or amending an award under this chapter, 22 the court shall enter judgment in conformity with the order. 23 2. On motion of a party, the court shall order that a 24 document or part of the arbitration record be sealed or 25 redacted to prevent public disclosure of all or part of the 26 record or award. 27 Sec. 22. NEW SECTION . 598A.22 Modification of confirmed 28 award or judgment. 29 If a party requests under law of this state other than 30 this chapter modification of an award confirmed under section 31 598A.16 or of a judgment on an award, based on a fact occurring 32 after confirmation: 33 1. The parties shall proceed under the dispute resolution 34 method specified in the award or judgment. 35 -13- LSB 1354YH (3) 91 cm/jh 13/ 20

H.F. 667 2. If the award or judgment does not specify a dispute 1 resolution method, the parties may do any of the following: 2 a. Agree to arbitrate the modification before the original 3 arbitrator or another arbitrator. 4 b. Absent agreement, proceed under chapter 598 or 600B and 5 the applicable Iowa rules of civil procedure. 6 Sec. 23. NEW SECTION . 598A.23 Enforcement of confirmed 7 award. 8 1. A court shall enforce an award confirmed under section 9 598A.16, including a temporary award, in the manner and to the 10 same extent as any other order or judgment of a court. 11 2. A court shall enforce an arbitration award in a family 12 law dispute confirmed by a court in another state in the manner 13 and to the same extent as any other order or judgment from 14 another state. 15 Sec. 24. NEW SECTION . 598A.24 Appeal. 16 1. An appeal may be taken under this chapter from all of the 17 following: 18 a. An order granting or denying a motion to compel 19 arbitration. 20 b. An order granting or denying a motion to stay 21 arbitration. 22 c. An order confirming or denying confirmation of an award. 23 d. An order correcting an award. 24 e. An order vacating an award without directing a rehearing. 25 f. A final judgment. 26 2. An appeal under this section may be taken as from an 27 order or a judgment in a civil action. 28 Sec. 25. NEW SECTION . 598A.25 Immunity of arbitrator. 29 1. An arbitrator or arbitration organization acting in that 30 capacity in a family law dispute is immune from civil liability 31 to the same extent as a judge of a court of this state acting 32 in a judicial capacity. 33 2. The immunity provided by this section supplements 34 immunity under chapter 669. 35 -14- LSB 1354YH (3) 91 cm/jh 14/ 20

H.F. 667 3. An arbitrator’s failure to make a disclosure under 1 section 598A.9 does not cause the arbitrator to lose immunity 2 under this section. 3 4. a. Except as set forth in paragraph “b” , an arbitrator 4 is not competent to testify, and shall not be required to 5 produce records, in a judicial, administrative, or similar 6 proceeding about a statement, conduct, decision, or ruling 7 occurring during an arbitration, to the same extent as a judge 8 of a court of this state acting in a judicial capacity. 9 b. This subsection does not apply to any of the following: 10 (1) To the extent disclosure is necessary to determine a 11 claim by the arbitrator or arbitration organization against a 12 party to the arbitration. 13 (2) To a hearing on a motion under section 598A.19, 14 subsection 1, paragraph “a” or “b” , if there is prima facie 15 evidence that a ground for vacating the award exists. 16 5. If a person commences a civil action against an 17 arbitrator arising from the services of the arbitrator or 18 seeks to compel the arbitrator to testify or produce records 19 in violation of subsection 4 and the court determines that the 20 arbitrator is immune from civil liability or is not competent 21 to testify or required to produce the records, the court shall 22 award the arbitrator reasonable attorney fees and costs. 23 Sec. 26. NEW SECTION . 598A.26 Uniformity of application 24 and construction. 25 In applying and construing this uniform act, consideration 26 must be given to the need to promote uniformity of the law with 27 respect to its subject matter among states that enact it. 28 Sec. 27. NEW SECTION . 598A.27 Relation to Electronic 29 Signatures in Global and National Commerce Act. 30 To the extent permitted by section 102 of the federal 31 Electronic Signatures in Global and National Commerce Act, 15 32 U.S.C. §7002, this chapter may supersede provisions of that 33 Act. 34 Sec. 28. NEW SECTION . 598A.28 Transitional provision. 35 -15- LSB 1354YH (3) 91 cm/jh 15/ 20

H.F. 667 1. This chapter applies to arbitration of a family law 1 dispute under an arbitration agreement made on or after the 2 effective date of this Act. 3 2. If an arbitration agreement was made before the effective 4 date of this Act, the parties may agree in a record that this 5 chapter applies to the arbitration. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill creates the Iowa uniform family law arbitration 10 Act. The bill provides definitions, including the terms 11 “arbitrator”, “child custody dispute”, “child support dispute”, 12 and “family law dispute”. 13 The bill governs the arbitration in a family dispute but does 14 not allow an arbitrator to grant a legal separation, a divorce, 15 a dissolution of marriage, or an annulment; to terminate 16 parental rights, to grant an adoption or a guardianship of 17 a child or protected person; or to determine the status of 18 dependency of a child or the support of a child. 19 The bill provides that an arbitration agreement must be in 20 a record signed by the parties. The agreement must identify 21 the arbitrator, an arbitration organization, or a method of 22 selecting an arbitrator and identify the family law dispute 23 the parties intend to arbitrate. The bill provides that a 24 family law dispute that arises after the arbitration agreement 25 is made unenforceable unless the parties affirm the agreement 26 in a record after the dispute arises or the agreement was 27 entered during a family law proceeding and the court approved 28 or incorporated the agreement in an order issued in the 29 proceeding. If there is an objection to the arbitration 30 agreement on the grounds that it is unenforceable or the 31 agreement does not involve a family dispute, the court shall 32 determine whether it is enforceable or includes an appropriate 33 dispute. 34 The bill provides that notice for arbitration shall be made 35 -16- LSB 1354YH (3) 91 cm/jh 16/ 20

H.F. 667 either in a manner agreed upon or by Code section 679A.15 1 (arbitration —— applications to district court). 2 The bill requires motions for judicial relief to be filed 3 with the court with the appropriate jurisdiction. A party 4 may file a motion to compel arbitration by the court. The 5 bill also allows a party to file a motion for judicial relief 6 to terminate an arbitration. The bill allows upon motion 7 of a party for the court to order consolidation of separate 8 arbitrations involving the same parties and a common issue 9 of law or fact if necessary for resolution of the family law 10 dispute. 11 The bill provides that an arbitrator must be an attorney at 12 law, a former attorney at law on inactive status, or a retired 13 judge and have successfully completed a combined five hours of 14 instruction in an accredited continuing legal education course 15 on domestic violence and child abuse. 16 The bill requires an arbitrator to disclose any information 17 a reasonable person would believe would affect the arbitrator’s 18 impartiality. The arbitrator, the attorneys, and parties are 19 all required to disclose information that would change the 20 impartiality of the arbitrator or the arbitrator’s ability 21 to make a timely award. The bill provides that if a timely 22 disclosure was not made, a party may file a motion to suspend 23 the arbitration no later than 15 days after such failure. The 24 bill provides that failure to disclose can also result in 25 the vacating of an award and other appropriate relief. Upon 26 discharge of an arbitrator, the parties may select a new 27 arbitrator or request that the court select one. 28 The bill allows a party to an arbitration to be represented 29 by counsel, be accompanied by an individual who will not be 30 used as a witness or advocate, and to fully participate in the 31 arbitration. Parties are not allowed to communicate ex parte 32 with the arbitrator. 33 The bill provides that prior to the selection of an 34 arbitrator, the court may enter a temporary order for the 35 -17- LSB 1354YH (3) 91 cm/jh 17/ 20

H.F. 667 family law dispute. After the selection of an arbitrator, the 1 arbitrator may make a temporary award. 2 The bill provides that if a party is subject to a protection 3 order and the arbitrator determines there is a reasonable 4 basis to believe a party is the victim of domestic violence 5 or a party’s safety or ability to participate effectively in 6 arbitration is otherwise at risk, the arbitrator shall stay the 7 arbitration and refer the parties to court. The arbitration 8 shall not resume until the party at risk affirms the agreement 9 in a record and the court determines that the affirmation is 10 informed and voluntary, the arbitration is not inconsistent 11 with the protection order, and reasonable procedures are 12 in place to protect the party. The bill provides that if 13 an arbitrator reasonably believes that a child subject to 14 the matter is abused or neglected, the arbitration shall be 15 terminated and the abuse or neglect shall be reported to the 16 court or another appropriate authority. 17 The bill requires that the arbitrator conduct the 18 arbitration in a manner considered appropriate for a fair and 19 expeditious disposition. The bill provides the arbitrator the 20 following powers: to select the rules for the arbitration; 21 conduct the prehearing conferences and the hearing; administer 22 oaths to parties and witnesses; allow any party to conduct 23 prehearing discovery by interrogatories, deposition, requests 24 for production of documents, or other means; determine the 25 admissibility of evidence; and subpoena witnesses or documents 26 upon the arbitrator’s own initiative or request of a party; the 27 power to meet with a child, appoint a representative for the 28 child, and impose procedures to protect a party or child from 29 risk of harm; and to sanction bad faith conduct according to 30 state law governing misconduct in family law proceedings. 31 The bill does not require an arbitration hearing to be 32 recorded. 33 The bill provides that an award shall be made in a record, 34 dated and signed by the arbitrator and the parties shall be 35 -18- LSB 1354YH (3) 91 cm/jh 18/ 20

H.F. 667 given notice. An award is not enforceable as a judgment until 1 confirmed by the court. 2 The bill requires the court to confirm an award given by 3 an arbitrator. The court shall confirm an award if all the 4 parties agree in a record to confirmation or the time period to 5 correct an unconfirmed award or vacate an award has expired. 6 The bill provides that if an award relates to a child custody 7 dispute or a child support dispute, the court shall confirm 8 the award if the court finds that the award complies with the 9 bill and Code chapter 598 (dissolution of marriage and domestic 10 relations) or 600B (paternity and obligation for support) and 11 is in the best interests of the child. The bill provides that 12 upon confirmation, the award is enforceable as a judgment 13 and that unless otherwise agreed upon by the parties, the 14 arbitration proceeds are confidential. 15 The bill allows the arbitrator, upon motion of a party 16 not later than 20 days after notice of the award, to make 17 a correction of an award. For an unconfirmed award, the 18 parties may make a motion for correction and a motion to 19 amend or vacate no later than 30 days after the arbitrator 20 has given notice of the award. The bill allows the court to 21 vacate an unconfirmed award if the moving party shows that 22 the award was procured by corruption, fraud, or other undue 23 means; there was an evident partiality by the arbitrator, 24 corruption by the arbitrator, or other misconduct by the 25 arbitrator; the arbitrator, refused to postpone a hearing, 26 consider evidence material to the controversy, or otherwise did 27 not conduct the hearing impartially; the arbitrator exceeded 28 the arbitrator’s powers; no arbitration agreement exists; or 29 the arbitration was conducted without proper notice. In a 30 child custody dispute, the bill provides that the court shall 31 vacate an unconfirmed award if the moving party establishes 32 that award does not comply with the bill, Code chapter 600B 33 (paternity and obligation for support), or is contrary to the 34 best interests of the child; the statement of reasons in the 35 -19- LSB 1354YH (3) 91 cm/jh 19/ 20