40-16-105 . Arbitration agreement. (1) An arbitration agreement must: (a) be in a record signed by the parties; (b) identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; (c) identify the family law dispute the parties intend to arbitrate; and (d) specify how notice to arbitrate is to be given. (2) Except as otherwise provided in subsection (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: (a) the parties affirm the agreement in a record after the dispute arises; or (b) the agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding. (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 shall decide whether the agreement is enforceable or includes the family law dispute.
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