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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 7383. Powers and duties of arbitrator - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-42-pacsa-judiciary-and-judicial-procedure/pa-csa-sect-42-7383/
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 before relying on it for your legal needs.
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