This text of North Dakota § 32-29.4-12 (Powers and duties of arbitrator) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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:
(1)A copy of a relevant court order;
(2)Information required to be disclosed in a family law proceeding under law of
this state other than this chapter; and
(3)A proposed award that addresses each issue in arb
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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:
(1) A copy of a relevant court order;
(2) Information required to be disclosed in a family law proceeding under law of
this state other than this chapter; and
(3) 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. For good cause, prohibit a party from disclosing information;
k. Impose a procedure to protect a party or child from risk of harm, harassment, or
intimidation;
l. Allocate arbitration fees, attorney's fees, expert-witness fees, and other costs to
the parties; and
m. 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.