Powers and duties of arbitrator.
Utah Code § 81-15-112
in effect81-15-112. 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
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title81/Chapter15/81-15-S112.html?v=C81-15-S112_2025050720250507Fetched: 10/26/2026