Powers and duties of arbitrator. (a)  Fairness and expediency.-- An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate

Pennsylvania Consolidated Statutes

Section: 7383

Jurisdiction: PA

Bluebook Citation: 42 Pa. Cons. Stat. § 7383

§ 7383.  Powers and duties of arbitrator. (a)  Fairness and expediency.-- An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the family law dispute. (b)  Procedural due process.-- 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. (c)  Powers.-- Unless the parties otherwise agree in a record, an arbitrator may: (1)  select the rules for conducting the arbitration; (2)  hold a conference with the parties before a hearing; (3)  determine the date, time and place of a hearing; (4)  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 23 Pa.C.S. (relating to domestic relations) and the applicable Pennsylvania Rules of Civil Procedure; and (iii)  a proposed award which addresses each issue in arbitration; (5)  interview a child who is the subject of a child custody dispute; (6)  appoint a private expert at the expense of the parties; (7)  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)  permit and compel discovery concerning the family law dispute and determine the date, time and place of discovery; (9)  determine the admissibility and weight of evidence; (10)  permit deposition of a witness for use as evidence at a hearing; (11)  for good cause, prohibit a party from disclosing information; (12)  appoint an attorney, guardian ad litem or other representative for a child at the expense of the parties; (13)  impose a procedure to protect a party or child from risk of harm, harassment or intimidation; (14)  allocate arbitration fees, attorney fees, expert witness fees and other costs to the parties; and (15)  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. (d)  Ex-parte communications.-- An arbitrator may not allow ex parte communication except to the extent allowed in a family law proceeding for communication with a judge. Cross References. Section 7383 is referred to in sections 7380, 7389 of this title.

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