Family law disputes, such as divorce and child custody, are emotionally challenging for everyone involved. Moreover, court proceedings can add stress, delays, and conflict to an already complex situation. 

In 2024, Pennsylvania introduced a new option to ease some of that strain: the Uniform Family Law Arbitration Act (UFLAA). Enacted as Act No. 12 of 2024 and effective from July 7, 2024, the UFLAA creates a formal legal process for resolving family law issues through arbitration.

In this article, we’ll explain the Act, what it allows and prohibits, how arbitration works under the new law, and what families should consider before choosing family law arbitration in Pennsylvania.

What Is the Pennsylvania Family Law Arbitration Act?

The Pennsylvania Family Law Arbitration Act provides a structured, private, and voluntary alternative to traditional court proceedings. Arbitration allows families to select a neutral decision-maker, called an arbitrator, whose ruling (an “award”) can later be confirmed by the court and enforced like any judgment.

Arbitration is one form of alternative dispute resolution in family law. It is designed to reduce litigation burdens, speed up resolution, and offer a more collaborative environment for families who want to avoid the courtroom.

Key Provisions and Scope

The UFLAA outlines what types of family law disputes can be resolved through arbitration, who can serve as an arbitrator, and how the process must be initiated and reviewed.

Voluntary Written Agreement

• Both parties must agree in writing to use arbitration.
• A judge cannot force arbitration on unwilling parties.
• The agreement must clearly describe the issues to be decided and how the arbitrator will be selected.
  

What Can Be Arbitrated?

Arbitration can address issues like dividing marital assets and debts, spousal or child support, and parenting arrangements, including custody and visitation.

Pennsylvania custody arbitration is gaining popularity as a faster, more flexible way to resolve parenting time and decision-making disputes. However, the court is still involved even when custody or support is arbitrated. A judge must confirm that the Pennsylvania custody arbitration decision serves the child’s best interests before making it legally binding.

What Cannot Be Arbitrated?

Certain matters are off-limits and must be handled by the court system. These include:

• Granting or finalizing a divorce decree
• Annulments
• Termination of parental rights
• Adoptions
• Protection From Abuse (PFA) orders
• Guardianship
• Any matter that public policy or state law reserves exclusively for judicial review

Even in divorce arbitration in Pennsylvania, the court must grant the divorce itself. Arbitration can only help resolve the related financial and parenting disputes.

Who Can Serve as an Arbitrator?

Under the UFLAA, not just anyone can be a family law arbitrator. The law outlines clear qualifications to ensure fairness and competence.

Eligible arbitrators include:

• Licensed attorneys
• Retired attorneys on inactive status
• Senior judges

Additionally, unless both parties waive the requirement, the arbitrator must have completed at least five hours of instruction in domestic violence and child abuse.

What Arbitrators Can Do:

• Hear evidence from both parties
• Conduct hearings (in person, virtual, or hybrid)
• Interview children (in custody matters), subject to legal safeguards
• Issue subpoenas for records or testimony
• Make binding decisions on the agreed-upon issues

What Arbitrators Cannot Do:

• Grant a divorce or annulment
• Terminate parental rights
• Issue Protection From Abuse (PFA) orders

To summarize, arbitrators act like private judges within limits defined by the law and within the scope of the written agreement.

How the UFLAA Changes Family Law Procedures in Pennsylvania

Before this law, arbitration was sometimes used in family law cases, but it existed in a grey area. The lack of a consistent legal structure created confusion and made some awards vulnerable to challenges. The UFLAA changes that by setting clear rules and procedures for how family law arbitration in Pennsylvania should work.

Moving Away From Traditional Litigation

Arbitration doesn’t replace the court system. It simply provides an alternative for families who agree to use it. 

For instance, courts are backlogged in many counties, which means delays of months or even years for resolution. As a form of alternative dispute resolution in family law, arbitration offers benefits such as:

• More control over timing, scheduling, and procedures
• Less formality, which can reduce emotional strain
• Private hearings, keeping sensitive matters out of the public record

Families can tailor the arbitration process to fit their needs in a way the courts rarely allow.

Step-by-Step: How the Arbitration Process Works

The UFLAA outlines a basic flow that most family law arbitrations will follow. Here’s a simplified breakdown:

1. Agreement to Arbitrate

This defines the scope, arbitrator selection, and procedures. It must be in writing and signed by both parties.

2. Selection of the Arbitrator

Parties choose a qualified arbitrator or agree on the selection.

3. Agree on Rules and Timelines

Parties and the arbitrator decide on the hearing format, deadlines, discovery rules, and other important details.

4. Arbitration Hearing

This is a private session (or sessions) in which each side presents its case. It can involve documents, witnesses, and child interviews.

5. Arbitrator’s Decision (Award)

The award is issued in writing and includes findings of fact and conclusions of law.

6. Court Confirmation

Either party can file the award with the court for confirmation. This is required for the award to be enforceable, like a court judgment.

7. Limited Grounds for Appeal

Appeals are only possible in rare cases, such as fraud, misconduct, or if an arbitrator exceeded their powers.

Courts still review awards in cases like Pennsylvania custody arbitration to protect children’s best interests.

Benefits of Arbitration for Families and Legal Professionals

Pennsylvania’s UFLAA provides meaningful advantages to families seeking to resolve disputes outside the courtroom. For the right cases, arbitration can offer faster timelines, greater privacy, and more control than litigation.

Benefits for Families

• Privacy and Confidentiality

Arbitration hearings are not public. This privacy can reduce embarrassment or added conflict, especially when discussing sensitive personal or financial matters.

• Faster Resolution

Court dockets are often crowded. With family law arbitration, Pennsylvania families can bypass long wait times and schedule sessions on their timeline.

• More Control Over the Process

Arbitration often feels less adversarial than court. With more control over scheduling and procedures, families may find it easier to communicate and move forward constructively, especially when children are involved.

• Cost Predictability

While there are arbitrator fees, shorter case durations and reduced court filings may lower overall legal expenses. Families can also avoid multiple continuances and drawn-out litigation battles.

• Flexible Scheduling

Sessions can be arranged to accommodate work, childcare, or school commitments, something court calendars rarely allow.

Family Law Arbitration in Pennsylvania: Concerns and Limitations to Consider

While arbitration has real advantages, it also comes with trade-offs. Understanding the potential limitations is essential before committing to the process.

Here are some factors to consider for families: 

1. Arbitration Must Be Voluntary for All Parties

If one party refuses, there’s no arbitration. The case will remain in court.

Limited Grounds for Appeal:

Arbitration decisions are binding unless:

• The arbitrator engaged in misconduct or bias.
• A party wasn’t given proper notice.
• The award violates substantive Pennsylvania law.
• The custody/support decision doesn’t serve the child’s best interest.

Simply disagreeing with the decision isn’t enough to overturn it.

2. Power Imbalances

In cases involving domestic violence, control, or intimidation,  families may need to forego divorce arbitration in Pennsylvania in favor of a court process. The UFLAA includes some protections, but court proceedings may offer better supervision and legal protections. 

3. Arbitrator Costs

Parties pay for the arbitrator’s time, preparation, and decision-making. While it may still be cost-effective overall, this can be a barrier for some families.

4. No Legal Precedent

Arbitration awards are private. They don’t create case law, which can be a disadvantage in disputes involving unclear or developing legal issues.

Meanwhile, here are some considerations for attorneys:

Attorney Responsibilities

Attorneys must help clients understand limited appeal rights and ensure the arbitration agreement clearly outlines procedures, scope, and safeguards.

Ethical Responsibilities

Attorneys acting as arbitrators must disclose potential conflicts of interest and ensure impartiality throughout the process.

Is Arbitration Right for Your Family?

Choosing family law arbitration in Pennsylvania is a personal decision. Here’s a quick guide to help families think it through.

Arbitration may be a good fit if:

• Both parties are open to working toward a resolution outside of court.
• Privacy is a priority.
• You want to resolve matters quickly and avoid court delays.
• The issues are primarily financial or logistical (e.g., dividing assets and setting up a parenting plan).
• The family dynamic allows for productive negotiation.

You should use caution if: 

• The relationship involves domestic violence, manipulation, or serious power imbalances. An experienced attorney can help families determine whether divorce arbitration in Pennsylvania or another form of resolution is better.
• You anticipate needing the whole appeals process to challenge a ruling.
• You need broad discovery tools or extensive cross-examination that are more suited to a formal court setting.
• Your case involves an area that cannot be arbitrated under the UFLAA (e.g., adoption, PFA orders, or divorce finalization).

Explore Whether Arbitration Is Right for Your Case 

The Pennsylvania Family Law Arbitration Act offers a potentially convenient and less stressful alternative to traditional family court. For families who qualify and agree, arbitration can bring faster resolutions, more privacy, and greater flexibility than litigation.

However, it’s important to note that it’s not a blanket solution. Decisions are largely final, and arbitration may not suit high-conflict/high-risk cases.

Very Law helps families across Pennsylvania evaluate their legal options, including whether arbitration under the UFLAA is the right path forward. Our Pittsburgh law firm, led by Attorney Ryan Very, is dedicated to advocating for our clients' best interests. 

If you’re facing a family law issue and want to explore your options, please don’t hesitate to contact us for a no-obligation consultation. Please send us a message or call 412-430-0131 to speak with a member of our team. 

*This blog post is provided by Very Law for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For advice specific to your circumstances, please consult a qualified family law attorney licensed in Pennsylvania.