[§658J-13] Powers and duties of arbitrator.
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[§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. [L 2017, c 113, pt of §1]