Powers and duties of arbitrator
N.D. Cent. Code § 32-29.4-12
in effect32-29.4-12. 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c29-4.pdf#nameddest=32-29p4-12Fetched: 10/16/2026