12-3015

12-3015. Arbitration process

(Eff. 1/1/11)

A. An arbitrator may conduct an arbitration in such manner as the arbitrator
considers appropriate for a fair and expeditious disposition of the proceeding. The
authority conferred on the arbitrator includes the power to hold conferences with the
parties to the arbitration proceeding before the hearing and, among other matters, to
determine the admissibility, relevance, materiality and weight of any evidence.

B. An arbitrator may decide a request for summary disposition of a claim or
particular issue either:

1. If all interested parties agree.

2. On request of one party to the arbitration proceeding if that party gives notice
to all other parties to the proceeding and the other parties have a reasonable
opportunity to respond.

C. If an arbitrator orders a hearing, the arbitrator shall set a time and place and
give notice of the hearing at least five days before the hearing begins. Unless a party
to the arbitration proceeding makes an objection to lack or insufficiency of notice not
later than the beginning of the hearing, the party's appearance at the hearing waives the
objection. On request of a party to the arbitration proceeding and for good cause shown,
or on the arbitrator's own initiative, the arbitrator may adjourn the hearing from time
to time as necessary but may not postpone the hearing to a time later than that fixed by
the agreement to arbitrate for making the award unless the parties to the arbitration
proceeding consent to a later date. The arbitrator may hear and decide the controversy
on the evidence produced although a party who was duly notified of the arbitration
proceeding did not appear. The court, on request, may direct the arbitrator to conduct
the hearing promptly and render a timely decision.

D. At a hearing under subsection C of this section, a party to the arbitration
proceeding has a right to be heard, to present evidence material to the controversy and
to cross-examine witnesses appearing at the hearing.

E. If an arbitrator ceases or is unable to act during the arbitration proceeding, a
replacement arbitrator must be appointed in accordance with section 12-3011 to continue
the proceeding and to resolve the controversy.