40-16-107: Motion for judicial relief.

(1) A motion for judicial relief under this part 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 40-16-105 unless the court determines under 40-16-112 that the arbitration should not proceed.

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

(a) the agreement to arbitrate is unenforceable;

(b) the family law dispute is not subject to arbitration; or

(c) under 40-16-112, the arbitration should not proceed.

(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.