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