HB 1235 Summary

• Creates the Uniform Family Law Arbitration Act as a new chapter in Hawaii Revised Statutes, allowing parties to arbitrate family law disputes through binding arbitration agreements.

• Prohibits arbitrators from making awards regarding divorces, annulments, separations, termination of parental rights, adoptions, guardianships, or child protection status determinations.

• Requires arbitrators to be trained in identifying domestic violence and child abuse, and must be either attorneys in good standing or retired judges, unless waived by the parties in writing.

• Mandates verbatim recording of all arbitration hearings involving child-related disputes and requires courts to review child-related awards to ensure they comply with state law and are in the child's best interests before confirmation.

• Establishes safeguards including provisions to halt arbitration if domestic violence protection orders exist, requires affirmation of arbitration agreements after child-related disputes arise, and mandates reporting of suspected child abuse or neglect to the Department of Human Services.