Pennsylvania has adopted the Uniform Family Law Arbitration Act (UFLAA), 73 Pa. C.S. Sections 7371 et seq. The UFLAA was enacted May 8, 2024, effective in 60 days. Parties may now sign an “Arbitration Agreement” to resolve a “Family Law Dispute” which will be governed by the UFLAA. Those terms are defined in the new law. Arbitration of family law disputes was available in Pennsylvania prior to the UFLAA but we now have a complete framework governing arbitration of family law disputes. Arbitration offers a faster resolution of a family law dispute compared with court litigation. The resolution is also more private. On the downside, the costs may be higher as you must pay the arbitrator. If you litigate your family law dispute in court, you pay a filing fee and you may pay additional fees if a hearing officer is appointed to hear certain claims. The additional fees for a hearing officer are likely to be less than what a private arbitrator would charge. Another concern with arbitration is that you are placing an important part of your life, aspects of your family’s future, in the hands of a third party. Also, your relationship with your soon-to-be ex-spouse or former partner will most likely be damaged by the arbitration process much as it would be in the court process. If you have children, that damage can spill over and affect the children. There is much more to family law arbitration than can be discussed in this limited space. If you have any questions about family law arbitration in Pennsylvania, feel free to give me a call for a free thirty (30) minute consultation.
David A. Miller
July 11, 2024
