A STRONGER FUTURE FOR FAMILY LAW ARBITRATION: ENHANCING THE UNIFORM FAMILY LAW ARBITRATION ACT TO SHIELD THE VULNERABLE

The rising popularity of alternative dispute resolution (“ADR”) methods, particularly arbitration, has transformed family law practices, offering more accessible and efficient means of resolving disputes. This Note explores the critical role of the Uniform Family Law Arbitration Act (“UFLAA”) in safeguarding vulnerable populations, specifically children and domestic violence survivors, within the arbitration process. While the UFLAA offers important protections, these measures should serve as a starting point rather than a benchmark for ensuring these safeguards. This Note advocates for the integration of more robust protections within the UFLAA to better protect these individuals throughout arbitration. It examines the history of arbitration in family law, highlights its growing use, and assesses the UFLAA’s current provisions, considering their effectiveness in addressing the unique vulnerabilities of these groups. Ultimately, this Note recommends amendments such as mandatory mental health evaluations for the parties, required legal representation, enhanced training standards for arbitrators, and the establishment of a specialized family law arbitration court. These amendments aim to enhance the protections provided by the UFLAA and urges states to adopt an updated version of the Act to better shield their vulnerable populations.