Current through 2024
Section 26.14.120 - 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 and to present evidence material to the family law dispute.(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:(i) A copy of a relevant court order;(ii) Information required to be disclosed in a family law proceeding under law of this state other than this chapter; and(iii) 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) Issue a protective order to prevent the disclosure of privileged information, confidential information, and other information protected from disclosure as if the controversy were the subject of a civil action in this state;(k) Appoint an attorney, guardian ad litem, or other representative for a child at the expense of the parties;(l) Impose a procedure to protect a party or child from risk of harm, harassment, or intimidation;(m) Allocate arbitration fees, attorneys' fees, expert witness fees, and other costs to the parties; and(n) 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.Added by 2023 c 61,§ 13, eff. 1/1/2024.