(1) “Arbitration agreement” means an agreement that subjects a family law dispute to arbitration.

(2) “Arbitration organization” means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the selection of an arbitrator.

(3) “Arbitrator” means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement.

(4) “Child-related dispute” means a family law dispute regarding legal decision-making, parenting time, visitation, or financial support regarding a child.

(5) “Court” means the Arizona Superior Court.

(6) “Family law dispute” means a contested issue arising under Title 25 of the Arizona Revised Statutes and within the scope of the Arizona Rules of Family Law Procedure.

(7) “Party” means an individual who signs an arbitration agreement and whose rights will be determined by an award.

(8) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subpart, agency, or instrumentality, or any other legal entity.

(9) “Record”, used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(10) “Sign” means, with present intent to authenticate or adopt a record:

(11) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.

(1) This rule governs arbitration of a family law dispute.

(2) This rule does not authorize an arbitrator to make an award that:

(1) Family law arbitration is conducted according to A.R.S. §§ 12-3001 through 3029, as supplemented by this Rule.

(2) In determining the merits of a family law dispute, an arbitrator must apply the law of this state, including its choice of law principles.

(1) An arbitration agreement must:

(2) Except as otherwise provided in subpart (d)(3), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.

(3) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:

(4) If a party objects to arbitration on the ground the arbitration agreement is unenforceable, or the agreement does not include a family law dispute, the court will decide whether the agreement is enforceable or includes the family law dispute.

(1) A motion for judicial relief under this rule must 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.

(2) On motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with section (d) unless the court determines under section (k) that the arbitration should not proceed.

(3) On motion of a party, the court must terminate arbitration if it determines that:

(4) Unless prohibited by an arbitration agreement, on 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.

(1) Except as otherwise provided in subpart (g)(2), unless waived in a record by the parties, an arbitrator must be:

(2) The selection of the arbitrator must be in accordance with the identification in the arbitration agreement of an arbitrator, arbitration organization, or method of selection.

(1) Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, must disclose to all parties any known fact a reasonable person would believe is likely to affect:

(2) An arbitrator, the parties, and the attorneys representing the parties have a continuing obligation to disclose to all parties any known fact a reasonable person would believe is likely to affect the impartiality of the arbitrator or the arbitrator's ability to make a timely award.

(3) An objection to the selection or continued service of an arbitrator and a motion for a stay of arbitration and disqualification of the arbitrator must be made under the law and procedural rules of this state, other than this rule, governing arbitrator disqualification.

(4) If a disclosure required by Rule 67.2(h)(1) or (2) is not made, the court may:

(5) If the parties agree to discharge an arbitrator or the arbitrator is disqualified, the parties by agreement may select a new arbitrator.

(1) A party may:

(2) A party or representative of a party may not communicate ex parte with the arbitrator except to the extent allowed in a family law proceeding for communication with a judge.

(1) Before an arbitrator is selected and able to act, on motion of a party, the court may enter a temporary order under A.R.S. § 25-404 and Rule 47, 47.1, 47.2, or 48.

(2) After an arbitrator is selected:

(3) On motion of a party, before the court confirms a final award, the court under section (o), (q), or (r) may confirm, correct, vacate, or amend a temporary award made under subpart (j)(2)(a).

(4) On motion of a party, the court may enforce a subpoena or temporary award issued by an arbitrator for the fair and expeditious disposition of the arbitration.

(1) In this section, “protective order” means an injunction or other order, issued under the domestic-violence, family-violence, or stalking laws of the issuing jurisdiction, to prevent an individual from engaging in a violent or threatening act against, harassment of, contact or communication with, or being in physical proximity to another individual who is a party or a child under the custodial responsibility of a party.

(2) If a party is subject to a protective order or an arbitrator determines there is a reasonable basis to believe a party's safety or ability to participate effectively in arbitration is at risk, the arbitrator must stay the arbitration and refer the parties to court. The arbitration may not proceed unless the party at risk affirms the arbitration agreement in a record and the court determines:

(3) If an arbitrator determines that there is a reasonable basis to believe a child who is the subject of a child-related dispute is abused or neglected, the arbitrator must terminate the arbitration of the child-related dispute and report the abuse or neglect to the Arizona Department of Child Safety.

(4) An arbitrator may make a temporary award to protect a party or child from harm, harassment, or intimidation.

(5) On motion of a party, the court may stay arbitration and review a determination or temporary award under this section.

(6) This section supplements remedies available under law of this state other than this rule for the protection of victims of domestic violence, family violence, stalking, harassment, or similar abuse.

(1) An arbitrator must conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute.

(2) An arbitrator must provide each party a right to be heard, to present evidence material to the family law dispute, and to cross-examine witnesses.

(3) Unless the parties otherwise agree in a record, an arbitrator's powers include the power to:

(4) An arbitrator may not allow ex parte communication except to the extent allowed in a family law proceeding for communication with a judge.

(1) Except as otherwise provided in Rule 67.2(m)(2) or required by law of this state other than this rule, an arbitration hearing need not be recorded unless required by the arbitrator, provided by the arbitration agreement, or requested by a party.

(2) An arbitrator must require a verbatim recording be made of any part of an arbitration hearing concerning a child-related dispute.

(1) An arbitrator must make an award in writing, dated and signed by the arbitrator. The arbitrator must give notice of the award to each party by a method agreed on by the parties or, if the parties have not agreed on a method, under the law and procedural rules of this state other than this rule governing notice in contractual arbitration.

(2) Except as otherwise provided in subpart (n)(3), the award under this rule must state the reasons on which it is based unless otherwise agreed by the parties.

(3) An award determining a child-related dispute must state the reasons on which it is based as required by law of this state other than this rule for a court order in a family law proceeding.

(4) An award under this rule is not enforceable as a judgment until confirmed under section (o).

(1) After an arbitrator gives notice under Rule 67.2(n)(1) of an award, including an award corrected under section (p), a party may move the court for an order confirming the award.

(2) Except as otherwise provided in Rule 67.2(o)(3), the court shall confirm an award under this rule if:

(3) If an award determines a child-related dispute, the court must confirm the award under Rule 67.2(o)(2) if the court finds, after a review of the record if necessary, that the award on its face:

(4) On confirmation, an award under this rule is enforceable as a judgment.

(1) if the award has an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property;

(2) if the award is imperfect in a matter of form not affecting the merits on the issues submitted; or

(3) to clarify the award.

(1) On motion of a party made not later than 90 days after an arbitrator gives notice under subpart (n)(1) of an award, including an award corrected under section (p), the court must correct the award if:

(2) A motion under this section to correct an award may be joined with a motion to vacate or amend the award under section (r).

(3) Unless a motion under section (r) is pending, the court may confirm a corrected award under section (o).

(1) On motion of a party, the court must vacate an unconfirmed award if the moving party establishes that:

(2) Except as otherwise provided in Rule 67.2(r)(3), on motion of a party, the court shall vacate an unconfirmed award that determines a child-related dispute if the moving party establishes that:

(3) If an award is subject to vacation under subpart (r)(2)(a), on motion of a party, the court may amend the award if amending rather than vacating is in the best interests of the child.

(4) The court may determine a motion under subpart (r)(2) or (3) based on the record of the arbitration hearing and facts occurring after the hearing or may exercise de novo review.

(5) A motion under this section to vacate or amend an award must be filed not later than 90 days:

(6) If the court under this section vacates an award for a reason other than the absence of an enforceable arbitration agreement, the court may order a rehearing before an arbitrator. If the reason for vacating the award is that the award was procured by corruption, fraud, or other undue means or there was evident partiality, corruption, or misconduct by the arbitrator, the rehearing must be before another arbitrator.

(7) If the court under this section denies a motion to vacate or amend an award, the court may confirm the award under section (o) unless a motion is pending under section (q).

(1) agree to arbitrate the dispute before the original arbitrator or another arbitrator; or

(2) proceed in court under law of this state other than this rule governing clarification of a judgment in a family law proceeding.

(1) On issuing an order confirming, vacating without directing a rehearing, or amending an award under this rule, the court shall enter judgment in conformity with the order.

(2) On motion of a party, the court may order that a document or part of the arbitration record be sealed or redacted to prevent public disclosure of all or part of the record or award to the extent permitted under law of this state other than this rule.

(1) the parties must proceed under the dispute-resolution method specified in the award or judgment; or

(2) if the award or judgment does not specify a dispute-resolution method, the parties may:

(1) The court must enforce an award confirmed under section (o), including a temporary award, in the manner and to the same extent as any other order or judgment of a court.

(2) The court must enforce an arbitration award in a family law dispute confirmed by a court in another state in the manner and to the same extent as any other order or judgment from another state.

(1) An appeal may be taken under this rule from:

(2) An appeal under this section may be taken as from an order or a judgment in a civil action.