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Minutes for HB2496 - Committee on Judiciary

Short Title

Enacting the uniform family law arbitration act.

Minutes Content for Wed, Jan 26, 2022

Chairperson Patton opened the hearing on HB2496.  Natalie Scott reviewed the bill. Ms. Scott stood for questions. (Attachment 1)

Proponent

Larry Rute provided a summary of the Uniform Family Law Arbitration Act (UFLAA). Mr. Rute said the centerpiece of the UFLAA is the protection of vulnerable individuals during the arbitration process. This includes children and victims of domestic violence. The UFLAA provides enhanced due process protections and procedural safeguards in arbitration to confidentially resolve division-of-asset disputes and utilizing experienced family law professionals to provide careful consideration in complex child-related disputes. In conclusion, the protections afforded by the UFLAA provide substantial benefits for parents seeking to rely upon arbitration as an effective and confidential means to resolve complex family disputes. Mr. Rute and his organization urge approval of HB2496. He stood for questions. (Attachment 2)

Professor Linda D. Elrod explained arbitration can be an important new tool for parents for whom the court process may be perceived as too slow, too cumbersome, too public, or too expensive. Professor Elrod said the arbitrator can be anyone based on the actual need. As an example a clinical physiologist may fit the need of the discussion and issue to be resolved. In conclusion, Professor Elrod stated the UFLAA provides needed standards to ensure that this method of dispute resolution retains the advantages of efficiency for the parties as well as protections for children and victims of domestic violence. The UFLAA can give Kansans another dispute resolution tool that might fit their needs better than existing ones. She stood for questions. (Attachment 3)

Written Proponent

Kari Beaman, Uniform Law Commission (Attachment 4)

Ronald W. Nelson, Ronald W. Nelson, P.A. (Attachment 5)

Chairperson Patton closed the hearing on HB2496.