N.D. Cent. Code § 32-29.4-12: 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:

(1)A copy of a relevant court order;

(2)Information required to be disclosed in a family law proceeding under law of this state other than this chapter; and

(3)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.For good cause, prohibit a party from disclosing information;

k.Impose a procedure to protect a party or child from risk of harm, harassment, or intimidation;

l.Allocate arbitration fees, attorney's fees, expert-witness fees, and other costs to the parties; and

m.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.