Montana Code 40-16-113. Powers and duties of arbitrator
40-16-113. Powers and duties of arbitrator. (1) An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute.
Terms Used In Montana Code 40-16-113
- Arbitrator: means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement. See Montana Code 40-16-102
- Child-related dispute: means a family law dispute regarding the parenting or financial support of a child. See Montana Code 40-16-102
- Court: means the district court. See Montana Code 40-16-102
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Family law dispute: means a contested issue arising under Title 40. See Montana Code 40-16-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Montana Code 40-16-102
- Subpoena: A command to a witness to appear and give testimony.
(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:
(i)a copy of a relevant court order;
(ii)information required to be disclosed in a family law proceeding under Title 40; and
(iii)a proposed award that addresses each issue in arbitration;
(e)meet with or interview a 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)for good cause, prohibit a party from disclosing information;
(l)appoint an attorney, guardian ad litem, or other representative for a child at the expense of the parties;
(m)impose a procedure to protect a party or child from risk of harm, harassment, or intimidation;
(n)allocate arbitration fees, attorney’s fees, expert witness fees, and other costs for 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.