42 Pa. C.S. § 7383

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 7383 - Powers and duties of arbitrator
(a) Fairness and expediency.--An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the family law dispute.
(b)Procedural due process.--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) Powers.--Unless the parties otherwise agree in a record, an arbitrator may:
(1) select the rules for conducting the arbitration;
(2) hold a conference with the parties before a hearing;
(3) determine the date, time and place of a hearing;
(4) require a party to provide:
(i) a copy of a relevant court order;
(ii) information required to be disclosed in a family law proceeding under 23 Pa.C.S. (relating to domestic relations) and the applicable Pennsylvania Rules of Civil Procedure; and
(iii) a proposed award which addresses each issue in arbitration;
(5) interview a child who is the subject of a child custody 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) permit and 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 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) Ex-parte communications.--An arbitrator may not allow ex parte communication except to the extent allowed in a family law proceeding for communication with a judge.

42 Pa.C.S. § 7383

Added by P.L. (number not assigned at time of publication) 2024 No. 12,§ 1, eff. 7/8/2024.