1.    An arbitration agreement must:

Terms Used In North Dakota Code 32-29.4-04

  • Contract: A legal written agreement that becomes binding when signed.
  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49

a.    Be in a record signed by the parties; b.    Identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and

c.    Identify the family law dispute the parties intend to arbitrate.

2.    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.    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.