78B-11-116 - Arbitration process.
78B-11-116. Arbitration process.
(1) An arbitrator may conduct an arbitration in a manner the arbitrator considersappropriate for a fair and expeditious disposition of the proceeding. The authority conferredupon the arbitrator includes the power to hold conferences with the parties to the arbitrationproceeding before the hearing and, among other matters, determine the admissibility, relevance,materiality, and weight of any evidence.
(2) An arbitrator may decide a request for summary disposition of a claim or particularissue:
(a) if all interested parties agree; or
(b) upon request of one party to the arbitration proceeding if that party gives notice to allother parties to the proceeding, and the other parties have a reasonable opportunity to respond.
(3) If an arbitrator orders a hearing, the arbitrator shall set a time and place and givenotice of the hearing not less than five days before the hearing begins. Unless a party to thearbitration proceeding makes an objection to lack or insufficiency of notice not later than thebeginning of the hearing, the party's appearance at the hearing waives the objection. Uponrequest of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator'sown initiative, the arbitrator may adjourn the hearing from time to time as necessary but may notpostpone the hearing to a time later than that fixed by the agreement to arbitrate for making theaward unless the parties to the arbitration proceeding consent to a later date. The arbitrator mayhear and decide the controversy upon the evidence produced although a party who was dulynotified of the arbitration proceeding did not appear. The court, on request, may direct thearbitrator to conduct the hearing promptly and render a timely decision.
(4) At a hearing under Subsection (3), a party to the arbitration proceeding has a right tobe heard, to present evidence material to the controversy, and to cross-examine witnessesappearing at the hearing.
(5) If an arbitrator ceases or is unable to act during the arbitration proceeding, areplacement arbitrator must be appointed in accordance with Section 78B-11-112 to continue theproceeding and to resolve the controversy.
Renumbered and Amended by Chapter 3, 2008 General Session