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2025 Utah Code
Title 81 - Utah Domestic Relations Code
Chapter 15 - Uniform Family Law Arbitration Act
Section 112 - Powers and duties of arbitrator.
Universal Citation:
UT Code § 81-15-112 (2025)
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Effective 5/7/2025
81-15-112. Powers and duties of arbitrator.
Enacted by Chapter 315, 2025 General Session
81-15-112. Powers and duties of arbitrator.
- (1)
- (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 may conduct an arbitration remotely by electronic means.
- (2)An arbitrator shall provide each party a right to:
- (a)be heard;
- (b)present evidence material to the family law dispute; and
- (c)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 a law of this state, other than this chapter; and
- (iii)a proposed award that addresses each issue in arbitration;
- (e)meet with or interview a minor 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)prohibit a party from disclosing information for good cause;
- (l)appoint an attorney, guardian ad litem, or other representative for a minor child at the expense of the parties;
- (m)impose a procedure to protect a party or minor child from risk of harm, harassment, or intimidation;
- (n)allocate arbitration fees, attorney fees, expert witness fees, and other costs to 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.
Enacted by Chapter 315, 2025 General Session
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