HRS §658J-7
Asking a court to step in during family arbitration
This section explains how a party can ask a court to get involved in a family law arbitration. It covers when a court can force arbitration, stop arbitration, or combine separate arbitration cases. The court acts only when a party files a motion.
courtsguardiansparentsspouses
The statute, as written — Motion for judicial relief
(a) A motion for judicial relief under this chapter shall be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter. (b) Upon motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with section 658J-5 unless the court determines under section 658J-12 that the arbitration should not proceed. (c) Upon motion of a party, the court shall terminate arbitration if it determines that: (1) The arbitration agreement is unenforceable; (2) The family law dispute is not subject to arbitration; or (3) Under section 658J-12, the arbitration should not proceed. (d) Unless prohibited by an arbitration agreement, upon motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for the fair and expeditious resolution of the family law dispute.
Sections this one refers to
§658J-12 Protecting parties and children in arbitration
§658J-5 Rules for family law arbitration agreements
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