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RCW 26.14.120

Powers and duties of arbitrator.

2023 c 61 s 13.

(1) An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute.

(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.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.