(a) The failure of a party or an attorney to either prosecute or defend a case in good faith during the arbitration proceedings shall constitute a waiver of the right to a trial de novo. If an arbitrator makes a finding that a party or an attorney failed to prosecute or defend a case in good faith, the arbitrator’s decision must include findings of fact supporting the conclusion of failure to act in good faith. (b) If, during the proceedings in the trial de novo, the trial judge determines that a party or attorney engaged in conduct designed to obstruct, delay, or otherwise adversely affect the arbitration proceedings, it may impose, in its discretion, any sanction authorized by NRCP 11 or NRCP 37 . [Added; effective July 1, 1992; amended; effective January 1, 2023.]
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