Authority of arbitrators

(a) Arbitrators hear cases admitted to the program and shall render awards in accordance with these rules. The authority of an arbitrator shall include, but not be limited to, the power: (1) to administer oaths or affirmations to witnesses; and (2) to relax all applicable rules of evidence and procedure to effectuate a speedy and economical resolution of the case without sacrificing a party’s right to a full and fair hearing on the merits. Consistent with NAR 11 , the arbitrator shall set deadlines for discovery and expert disclosures at the early arbitration conference to be included in a discovery order to be filed within 14 days of the early arbitration conference. (b) Any challenge to the authority or action of an arbitrator shall be filed with the clerk of the court and served upon the other parties and the arbitrator within 14 days of the date of the challenged decision or action. Any opposition to the challenge must be filed with the clerk of the court and served upon the other parties within 7 days of service of the challenge. The commissioner or the arbitration judge shall rule on the issue in due course. Judicial review of the ruling of a commissioner may be obtained by filing a petition for such review with the clerk of the court within 14 days of the date of service of the commissioner’s ruling. The commissioner shall then notify the district judge to whom the case is assigned of the petition and may enter an appropriate stay pending review by the district judge. The district judge to whom the case is assigned shall have the nonreviewable power to uphold, overturn, or modify the commissioner’s ruling, including the power to stay any proceeding. [Added; effective July 1, 1992; amended; effective July 26, 2024.]