§ 13-22-215 — Arbitration process

(1) An arbitrator may conduct an arbitration
in a manner that the arbitrator considers appropriate for a fair and expeditious
disposition of the proceeding. The authority conferred upon the arbitrator by this
part 2 shall include, but not be limited to, the power to hold conferences with the
parties to the arbitration proceeding before the hearing and the power to determine
the admissibility, relevance, materiality, and weight of any evidence.

(2) An arbitrator may decide a request for summary disposition of a claim or
particular issue:

(a) If all interested parties agree; or

(b) Upon request of one or more parties to the arbitration proceeding if that
party gives notice to all other parties to the proceeding and the other parties have a
reasonable opportunity to respond.

(3) If an arbitrator orders a hearing, the arbitrator shall set a time and place
and give notice of the hearing not less than five days before the hearing begins.
Unless a party to the arbitration proceeding makes an objection to lack or
insufficiency of notice not later than the beginning of the hearing, the party's
appearance at the hearing shall waive the objection. Upon the request of a party to
the arbitration proceeding and for good cause shown, or upon the arbitrator's own
initiative, the arbitrator may adjourn the hearing from time to time as necessary but
may not postpone the hearing to a time later than that fixed by the agreement to
arbitrate for making the award unless the parties to the arbitration proceeding
consent to a later date. The arbitrator may hear and decide the controversy upon
the evidence produced even if a party who was duly notified of the arbitration
proceeding does not appear. The court, on motion, may direct the arbitrator to
conduct the hearing promptly and render a timely decision.

(4) At a hearing under subsection (3) of this section, a party to the arbitration
proceeding has a right to be heard, to present evidence material to the controversy,
and to cross-examine witnesses appearing at the hearing.

(5) If an arbitrator ceases or is unable to act during the arbitration
proceeding, a replacement arbitrator shall be appointed in accordance with section
13-22-211 to continue the proceeding and to resolve the controversy.

Legislative History

Source: L. 2004: Entire part R&RE, p. 1724, � 1, effective August 4.