Haw. Rev. Stat. § 658J-13

Current through the 2024 Legislative Session
Section 658J-13 - Powers and duties of arbitrator
(a) An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute.
(b) An arbitrator shall provide each party a right to be heard, to present evidence material to the family law dispute, and to cross-examine witnesses.
(c) Unless the parties otherwise agree in a record, an arbitrator's powers include the power to:
(1) Select the rules for conducting the arbitration;
(2) Hold conferences with the parties before a hearing;
(3) Determine the date, time, and place of a hearing;
(4) Require a party to provide:
(A) A copy of a relevant court order;
(B) Information required to be disclosed in a family law proceeding under law of this State other than this chapter; and
(C) A proposed award that addresses each issue in arbitration;
(5) Meet with or interview a child who is the subject of a child-related dispute;
(6) Appoint a private expert at the expense of the parties;
(7) Administer an oath or affirmation and issue a subpoena for the attendance of a witness or the production of documents and other evidence at a hearing;
(8) Compel discovery concerning the family law dispute and determine the date, time, and place of discovery;
(9) Determine the admissibility and weight of evidence;
(10) Permit deposition of a witness for use as evidence at a hearing;
(11) For good cause, prohibit a party from disclosing information;
(12) Appoint an attorney, guardian ad litem, or other representative for a child at the expense of the parties;
(13) Impose a procedure to protect a party or child from risk of harm, harassment, or intimidation;
(14) Allocate arbitration fees, attorney's fees, expert-witness fees, and other costs to the parties; and
(15) Impose a sanction on a party for bad faith or misconduct during the arbitration according to standards governing imposition of a sanction for litigant misconduct in a family law proceeding.
(d) An arbitrator shall not allow ex parte communication except to the extent allowed in a family law proceeding for communication with a judge.

HRS § 658J-13

Added by L 2017, c 113,§ 1, eff. 7/10/2017.