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Current as of January 01, 2022 | Updated by FindLaw Staff
(a) An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute.
(b) 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) Unless the parties otherwise agree in a record, an arbitrator's powers include the power to:
(1) Select the rules for conducting the arbitration;
(2) Hold conferences with the parties before a hearing;
(3) Determine the date, time, and place of a hearing;
(4) Require a party to provide:
(A) A copy of a relevant court order;
(B) Information required to be disclosed in a family law proceeding under law of this State other than this chapter; and
(C) A proposed award that addresses each issue in arbitration;
(5) Meet with or interview a child who is the subject of a child-related 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) 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's 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) An arbitrator shall not allow ex parte communication except to the extent allowed in a family law proceeding for communication with a judge.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 4. Courts and Judicial Proceedings § 658J-13 - last updated January 01, 2022 | https://codes.findlaw.com/hi/division-4-courts-and-judicial-proceedings/hi-rev-st-sect-658j-13/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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