2022 Montana Code Annotated
Title 40. Family Law
Chapter 16. Family Law Arbitration
Part 1. Uniform Family Law Arbitration Act
40-16-113. Powers and duties of arbitrator

40-16-113. Powers and duties of arbitrator. (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, to present evidence material to the family law dispute, and to cross-examine witnesses.

(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 Title 40; and

(iii) a proposed award that addresses each issue in arbitration;

(e) meet with or interview a child who is the subject of a child-related dispute;

(f) appoint a private expert at the expense of the parties;

(g) 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;

(h) compel discovery concerning the family law dispute and determine the date, time, and place of discovery;

(i) determine the admissibility and weight of evidence;

(j) permit deposition of a witness for use as evidence at a hearing;

(k) for good cause, prohibit a party from disclosing information;

(l) appoint an attorney, guardian ad litem, or other representative for a child at the expense of the parties;

(m) impose a procedure to protect a party or child from risk of harm, harassment, or intimidation;

(n) allocate arbitration fees, attorney's fees, expert witness fees, and other costs for the parties; and

(o) 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.

History: En. Sec. 13, Ch. 32, L. 2021.