81-15-112. Powers and duties of arbitrator.
377 words·~2 min read·
/ut/title-81/chapter-15/81-15-112·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
81-15-112. 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 may conduct an arbitration remotely by electronic means.
(2)An arbitrator shall provide each party a right to:
(a)be heard;
(b)present evidence material to the family law dispute; and
(c)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 a law of this state, other than this chapter; and
(iii)a proposed award that addresses each issue in arbitration;
(e)meet with or interview a minor 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)prohibit a party from disclosing information for good cause;
(l)appoint an attorney, guardian ad litem, or other representative for a minor child at the expense of the parties;
(m)impose a procedure to protect a party or minor child from risk of harm, harassment, or intimidation;
(n)allocate arbitration fees, attorney fees, expert witness fees, and other costs to 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.
Enacted by Chapter 315 , 2025 General Session