40-16-113. Powers and duties of arbitrator.
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/mt/title-40/chapter-16/part-1/40-16-113·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
40-16-113 . 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:
(i)a copy of a relevant court order;
(ii)information required to be disclosed in a family law proceeding under Title 40; and
(iii)a proposed award that addresses each issue in arbitration;
(e)meet with or interview a child who is the subject of a child-related dispute;
(f)appoint a private expert at the expense of the parties;
(g)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;
(h)compel discovery concerning the family law dispute and determine the date, time, and place of discovery;
(i)determine the admissibility and weight of evidence;
(j)permit deposition of a witness for use as evidence at a hearing;
(k)for good cause, prohibit a party from disclosing information;
(l)appoint an attorney, guardian ad litem, or other representative for a child at the expense of the parties;
(m)impose a procedure to protect a party or child from risk of harm, harassment, or intimidation;
(n)allocate arbitration fees, attorney's fees, expert witness fees, and other costs for the parties; and
(o)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.