N.D. Cent. Code § 32-29.4-12

Current through the 2023 Legislative Sessions
Section 32-29.4-12 - Powers and duties of arbitrator
1. An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute.
2. 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.
3. Unless the parties otherwise agree in a record, an arbitrator's powers include the power to:
a. Select the rules for conducting the arbitration;
b. Hold conferences with the parties before a hearing;
c. Determine the date, time, and place of a hearing;
d. Require a party to provide:
(1) A copy of a relevant court order;
(2) Information required to be disclosed in a family law proceeding under law of this state other than this chapter; and
(3) A proposed award that addresses each issue in arbitration;
e. Appoint a private expert at the expense of the parties;
f. 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;
g. Compel discovery concerning the family law dispute and determine the date, time, and place of discovery;
h. Determine the admissibility and weight of evidence;
i. Permit deposition of a witness for use as evidence at a hearing;
j. For good cause, prohibit a party from disclosing information;
k. Impose a procedure to protect a party or child from risk of harm, harassment, or intimidation;
l. Allocate arbitration fees, attorney's fees, expert-witness fees, and other costs to the parties; and
m. 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.
4. An arbitrator may not allow ex parte communication except to the extent allowed in a family law proceeding for communication with a judge.

N.D.C.C. § 32-29.4-12

Added by S.L. 2019, ch. 280 (SB 2063),§ 1, eff. 8/1/2019.