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