1. (1)

   1. (a) An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute.
   2. (b) An arbitrator may conduct an arbitration remotely by electronic means.

2. (2) An arbitrator shall provide each party a right to:

   1. (a) be heard;
   2. (b) present evidence material to the family law dispute; and
   3. (c) cross-examine witnesses.

3. (3) Unless the parties otherwise agree in a record, an arbitrator's powers include the power to:

   1. (a) select the rules for conducting the arbitration;
   2. (b) hold conferences with the parties before a hearing;
   3. (c) determine the date, time, and place of a hearing;

   4. (d) require a party to provide:

      1. (i) a copy of a relevant court order;
      2. (ii) information required to be disclosed in a family law proceeding under a law of this state, other than this chapter; and
      3. (iii) a proposed award that addresses each issue in arbitration;
   5. (e) meet with or interview a minor child who is the subject of a child-related dispute;
   6. (f) appoint a private expert at the expense of the parties;
   7. (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;
   8. (h) compel discovery concerning the family law dispute and determine the date, time, and place of discovery;
   9. (i) determine the admissibility and weight of evidence;
   10. (j) permit deposition of a witness for use as evidence at a hearing;
   11. (k) prohibit a party from disclosing information for good cause;
   12. (l) appoint an attorney, guardian ad litem, or other representative for a minor child at the expense of the parties;
   13. (m) impose a procedure to protect a party or minor child from risk of harm, harassment, or intimidation;
   14. (n) allocate arbitration fees, attorney fees, expert witness fees, and other costs to the parties; and
   15. (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. (4) An arbitrator may not allow ex parte communication except to the extent allowed in a family law proceeding for communication with a judge.

Enacted by Chapter 315, 2025 General Session