§ 7383. Powers and duties of arbitrator.
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§ 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.
42c7383v
Cross References. Section 7383 is referred to in sections 7380, 7389 of this title.
42c7384s