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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
arbitration; divorce proceedings; artificial intelligence
Purpose
Allows parties to a divorce proceeding to use artificial
intelligence-assisted arbitration
(AI-assisted arbitration) if outlined circumstances are met and prescribes
requirements for a binding determination issued in an AI-assisted arbitration.
Background
Either party to a marriage may initiate a proceeding for dissolution of marriage, annulment or legal separation. The petitioner must allege that the marriage is irretrievably broken, that one or both parties desire to live separate and apart and, in the case of a covenant marriage, that statutorily prescribed requirements for the dissolution or separation have been met (A.R.S. § 25-314).
The superior court must: 1) establish a jurisdictional limit up to $65,000 for submission of disputes to arbitration; and 2) require arbitration in all cases in which the court finds, or the parties agree, that the amount in controversy does not exceed the jurisdictional limit. The superior court may waive the arbitration requirement on a showing of good cause if all parties file a written stipulation waiving the arbitration requirement. The superior court must also maintain a list of qualified persons within its jurisdiction who have agreed to serve as arbitrators, subject to the right of each person to refuse to serve in a particular assigned case and subject further to the right of any party to show good cause why an appointed arbitrator should not serve in a particular assigned case. Each arbitrator must be paid a reasonable sum, up to $150 per day and paid by the county from general revenues, for each day necessarily expended by the arbitrator in the hearing and determination of the case (A.R.S. § 12-133).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows parties to a divorce proceeding to use AI-assisted arbitration, only if:
a) both parties provide written consent to the AI-assisted arbitration and to whether the proceeding will result in a recommendation or a binding determination; and
b) the parties do not share minor children.
2. Allows either party to withdraw consent for AI-assisted arbitration at any time before the issuance of a recommendation or binding determination.
3. Allows a binding determination that is issued in an AI-assisted arbitration to be entered by any court having jurisdiction of the matter.
4. Determines that a binding determination that is issued in an AI-assisted arbitration is appealable to the superior court that would otherwise have jurisdiction over the matter by filing a notice of appeal within 20 judicial days after the issuance of the recommendation or binding determination.
5. Requires the superior court, on appeal, to adjudicate the case, de novo, as to both the law and the facts and without consideration of the proceedings in the AI-assisted arbitration.
6. Specifies that a binding determination issued by an AI-assisted arbitration does not limit any right to further appeal.
7. Defines AI-assisted arbitration as a computational system that:
a) applies governing laws to disclosed facts;
b) generates recommendations or binding determinations regarding divorce-related issues; and
c) is not a legal person and does not exercise independent legal authority.
8. Becomes effective on the general effective date.
House Action
JUD 1/22/26 W/D
AII 2/12/26 DP 7-0-0-0
3rd Read 3/10/26 42-13-4-0-1
Prepared by Senate Research
March 19, 2026
AN/TR/ci