§ 81-15-106 — Motion for judicial relief.

(1) If a party brings a motion for judicial relief under this chapter, the party shall bring the motion in:
(1)(a) the court in which a proceeding is pending involving the family law dispute subject to arbitration; or
(1)(b) if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.
(2) On a motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with Section 81-15-104 unless the court determines under Section 81-15-111 that the arbitration should not proceed.
(3) On a motion of a party, the court shall terminate arbitration if the court determines that:
(3)(a) the agreement to arbitrate is unenforceable;
(3)(b) the family law dispute is not subject to arbitration; or
(3)(c) under Section 81-15-111, the arbitration should not proceed.
(4) Unless prohibited by an arbitration agreement, on a 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.

Legislative History

Enacted by Chapter 315, 2025 General Session