HRS §658J-5
Rules for family law arbitration agreements
This section explains what a family law arbitration agreement must include and when it is valid. It also says that if someone challenges the agreement, the court decides if it is enforceable.
courtsdomestic partnersparentsspouses
The statute, as written — Arbitration agreement
(a) An arbitration agreement shall: (1) Be in a record signed by the parties; (2) Identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and (3) Identify the family law dispute the parties intend to arbitrate. (b) Except as otherwise provided in subsection (c), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract. (c) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless: (1) The parties affirm the agreement in a record after the dispute arises; or (2) The agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding. (d) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.