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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
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.
Prohibits a court from ordering a parent's attendance or payment for any type
of therapeutic intervention or similar service without the consent of both
parents.
Background
Arbitration
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).
Legal Decision-Making and Parenting Time
The court must determine legal decision-making and parenting time in accordance with the best interests of the child. In a contested legal decision-making or parenting time case, the court must make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child. The court may interview the child to determine the child's wishes relating to custodianship and parenting time. In so doing, the court may seek advice from professional personnel, who may be employed by the court on a regular basis. Any advice given must be in writing and made available to counsel on request, under such terms as the court determines. The court may also order an investigation and report concerning such arrangements for the child. If an investigation and report are ordered, the court must allocate costs based on the financial circumstances of both parties. The report must include a written affirmation that the person conducting the investigation meets outlined training requirements, including: 1) six initial hours of training on domestic violence; 2) six initial hours of child abuse training; and 3) four subsequent hours of training every two years on domestic violence and child abuse (A.R.S. Title 25, Chapter 4).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
AI-assisted Arbitration
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.
Therapeutic Intervention
7. Prohibits the court, in any legal decision-making or parenting time proceeding, from ordering any type of therapeutic intervention or a paid service without the consent of both parents.
8. Prohibits the court from ordering one parent to pay for any type of therapeutic intervention or other paid service without the consent of both parents.
9. Allows either parent to revoke that parent's consent at any time.
10. Allows expert testimony related to therapeutic intervention or any other paid service, child development, mental or physical health, domestic violence or substance abuse to be admissible in any legal decision-making or parenting time proceeding only if the expert:
a) has specialized expertise in child development and substantial clinical experience with children in a therapeutic setting; and
b) has an opinion that is supported by the canons of the expert's profession, adheres to the guidelines of the expert's licensing board and does not rely on theories that are not clinically established as a standard of care.
11. Stipulates that a person must meet the prescribed qualifications for therapeutic intervention testimony before offering expert testimony, conducting an investigation or evaluation or submitting a report or recommendation to the court relating to legal decision-making or parenting time.
Miscellaneous
12. 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.
13. Defines paid service as any service that is provided in exchange for any form of compensation.
14. Defines therapeutic intervention as:
a) any therapy, treatment or counseling program that is designed to improve or maintain the parent-child relationship or parent-parent relationship, or both; and
b) includes court-ordered behavioral intervention.
15. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Prohibits a court from ordering therapeutic intervention without the consent of both parents.
2. Outlines requirements for expert testimony relating to therapeutic intervention.
3. Defines terms.
House Action Senate Action
JUD 1/22/26 W/D FFL 3/23/26 DPA 4-3-0
AII 2/12/26 DP 7-0-0-0
3rd Read 3/10/26 42-13-4-0-1
Prepared by Senate Research
March 27, 2026
AN/TR/ci