RCW 26.14.120
357 words·~2 min read·
/wa/title-26/chapter-26-14/26-14-120·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
[ 2023 c 61 s 13 .]