Washington Code 26.14.120 – Powers and duties of arbitrator
Current as of: 2023 | Check for updates
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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.
Terms Used In Washington Code 26.14.120
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- 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.
- 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.
- Oath: A promise to tell the truth.
- Subpoena: A command to a witness to appear and give testimony.
(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 § 13.]