HB2371 creates a new Arizona law allowing divorcing spouses to use artificial intelligence-assisted arbitration, but only under limited conditions. Both parties must give written consent, including consent to whether the AI process will produce a recommendation or a binding determination, and the parties may not share minor children. Either spouse may withdraw consent at any time before the AI issues its result.
The bill also sets out how an AI-assisted arbitration outcome would be treated in court. If the AI issues a binding determination, either party may appeal to the superior court within 20 judicial days, and the court must hear the case de novo, without considering the AI proceeding. A binding determination may also be entered by a court with jurisdiction. The bill defines artificial intelligence-assisted arbitration as a computational system that applies governing law to disclosed facts and generates recommendations or binding determinations, while making clear that the system is not a legal person and has no independent legal authority.
Impact
HB2371 would amend Title 25 of the Arizona Revised Statutes by adding a new section governing divorce proceedings and creating a statutory framework for AI-assisted arbitration in dissolution cases. It would affect divorcing spouses, courts with family-law jurisdiction, and any providers of AI-based dispute-resolution tools by establishing consent requirements, a prohibition when minor children are involved, withdrawal rights, appeal procedures, and de novo judicial review of binding AI outcomes.
Sentiment
The bill appears to have received generally favorable but not unanimous reception. It advanced unanimously or near-unanimously through the House Artificial Intelligence & Innovation Committee and House Rules Committee, and it passed the House on third reading with a solid majority. In the Senate, the Federalism and Family Law Committee approved it on a 4-3 vote, suggesting broader support than opposition but with meaningful reservations. The available vote history indicates interest in the bill as an innovation in family-law procedure, alongside caution about its use in divorce matters.
Contention
The main points of contention are likely the use of artificial intelligence in a highly sensitive family-law setting and whether AI should be allowed to make recommendations or binding determinations in divorce cases. The bill addresses some concerns by requiring written consent from both parties, allowing withdrawal of consent, excluding cases involving minor children, and providing full de novo judicial review on appeal. Still, the close Senate committee vote suggests some lawmakers may have questioned the reliability, fairness, or appropriateness of AI-driven arbitration in divorce proceedings, especially given the potential stakes for spouses and families.
Providing for artificial intelligence in facilities, for artificial intelligence use by insurers and for artificial intelligence use by MA or CHIP managed care plans; imposing duties on the Department of Health, the Insurance Department and the Department of Human Services; and imposing penalties.
Providing for artificial intelligence in facilities, for artificial intelligence use by insurers and for artificial intelligence use by MA or CHIP managed care plans; imposing duties on the Department of Health, the Insurance Department and the Department of Human Services; and imposing penalties.