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Family Law Arbitration

Richard E. Santee Jr.
After a four year effort by the Pennsylvania Bar Association, the Pennsylvania legislature approved the “Uniform Family Law Arbitration Act (UFLAA),” which Governor Shapiro signed into law on May 8, 2024, effective July 8, 2024. The UFLAA received unanimous, bI-partisan support throughout the legislative process and is widely applauded as providing the necessary guardrails to protect the interests of parties in a family law proceeding who elect to take advantage of this voluntary, efficient and private alternative dispute resolution process.

 
As an experienced family law practitioner, I am qualified, trained and prepared to serve as a UFLAA arbitrator in your family law matter –a neutral factfinder who will listen to your dispute and resolve it fairly, efficiently and promptly.

There are several reasons why you should consider have me serve as the arbitrator of your Family Law matter:

1. Arbitration is a time-saving saving alternative to court proceedings: Arbitration is generally much faster than court proceedings; there is no need to wait for court dates on an often backlogged court docket, with very little input from counsel or the parties, I can take everyone’s commitments into account and can schedule conferences, hearings and other proceedings without concern about trial and hearing list or courthouse, courtroom or conference room availability.

2. Parties can agree to arbitrate portions or segments of a family law matter: While arbitration is a very efficient and expeditious way to adjudicate the entirety of a family law matter, the parties very often get “stuck” on one issue—business valuation, property concerns, specific custody issues, date of separation calculation—the resolution of which may promote the expeditious settlement of the entire matter. The parties can stipulate to have those issues and concerns—and only those issues and concerns—arbitrated. With the adjudication of those issues, the parties can move on to address the entire family law matter, if necessary.

3. Arbitration still provides the opportunity to have counsel present: An arbitration is usually conducted for the most part like a trial, in which the parties (or their counsel) will prepare and present their case much like he or she would if the matter were going to trial before the court. At the conclusion of the proceedings, I will decide the outcome of your case with a decision that is legally binding.

4. Arbitration is cost-effective: While there is a cost to arbitration, it is often a much more cost-effective and less expensive way of resolving your family law disputes. There are no long waits at the courthouse until your matter is called. I will develop a case management schedule which will eliminate arguments related to matters such as the exchange of documents, the presentation of witnesses, and the agreements of the parties. And your matter is not simply one of numerous cases on a trial, hearing, or argument “list.” Your case will receive individualized attention and scheduling.

5. Arbitration under the UFLAA is completely voluntary: The court cannot impose this process on the parties, but rather it is a process parties choose (often with the guidance of counsel) by freely entering into a written agreement to arbitrate. The UFLAA ensures confidentiality of the proceedings, encourages prompt and efficient adjudication of disputes, and provides for a process whereby disputes can be resolved without scheduling and time delays arising out of court calendars and proceedings.

If you are interested in having me serve as an arbitrator in your family law matter, please discuss this with your counsel, if you currently have one. With the agreement of the parties, I can arbitrate family law issues even where one or both parties are not represented by counsel.