Section 7361 – Compulsory arbitration
§ 7361. Compulsory arbitration. (a) General rule.–Except as provided in subsection (b), when prescribed by general rule or rule of court such civil matters or issues therein as shall be specified by rule shall first be submitted to and heard by a board of three members of the bar of the court. (b) Limitations.–No matter […]
Section 7362 – Voluntary arbitration of pending judicial matters
§ 7362. Voluntary arbitration of pending judicial matters. (a) General rule.–A civil matter or issue therein may be referred by consent of the parties to one or more appointive judicial officers or other persons for hearing or hearing and disposition. (b) Government units.–Any government unit of this Commonwealth, with the consent of the solicitor or […]
Section 7401 – Short title and scope of chapter
§ 7401. Short title and scope of chapter. (a) Short title.–This chapter shall be known and may be cited as the Collaborative Law Act. (b) Scope.–This chapter shall apply to a collaborative law process between family members and arising from a participation agreement that meets the requirements of section 7405 (relating to collaborative law participation […]
Section 7321.21 – Change of award by arbitrator
§ 7321.21. Change of award by arbitrator. (a) Motion.–On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (1) upon a ground stated in section 7321.25(a)(1) or (3) (relating to modification or correction of award); (2) because the arbitrator has not made a final and […]
Section 7402 – Definitions
§ 7402. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: “Collaborative communication.” A statement or question that concerns the collaborative law process or a collaborative matter and that occurs after the parties sign a collaborative law […]
Section 7321.22 – Remedies; fees and expenses of arbitration proceeding
§ 7321.22. Remedies; fees and expenses of arbitration proceeding. (a) Punitive damages.–An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the […]
Section 7403 – Beginning the collaborative law process
§ 7403. Beginning the collaborative law process. (a) Voluntariness.–Participation in a collaborative law process is voluntary and may not be compelled by a tribunal. A party may terminate the collaborative law process at any time with or without cause. (b) Commencement.–A collaborative law process shall begin when the parties sign a collaborative law participation agreement. […]
Section 7321.23 – Confirmation of award
§ 7321.23. Confirmation of award. After a party to an arbitration proceeding receives notice of an award, the party must make a motion to the court for an order confirming the award. The court shall then issue a confirming order unless the award is modified or corrected under section 7321.21 (relating to change of award […]
Section 7404 – Assessment and review
§ 7404. Assessment and review. (a) General assessment.–Before entering into a collaborative law participation agreement, a prospective party shall: (1) Assess factors the prospective party’s attorney reasonably believes relate to whether the collaborative law process is appropriate for the matter and for the parties, including a prospective party or nonparty participant’s history, if any, of […]
Section 7321.24 – Vacating award
§ 7321.24. Vacating award. (a) Grounds.–Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (1) the award was procured by corruption, fraud or other undue means; (2) there was: (i) evident partiality by an arbitrator appointed as a neutral arbitrator; […]