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HRS §658J-13

What an arbitrator can and must do

Read the official text at capitol.hawaii.gov ↗

This section explains the arbitrator's job in a family law dispute. The arbitrator must run the process fairly and give each side a chance to speak, present evidence, and question witnesses. The arbitrator has many powers, like setting rules, holding meetings, and making decisions about evidence and costs.

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The statute, as written — Powers and duties of arbitrator

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

(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 shall provide each party a right to be heard, to present evidence material to the family law dispute, and to cross-examine witnesses. (c) Unless the parties otherwise agree in a record, an arbitrator's powers include the power to: (1) Select the rules for conducting the arbitration; (2) Hold conferences with the parties before a hearing; (3) Determine the date, time, and place of a hearing; (4) Require a party to provide: (A) A copy of a relevant court order; (B) Information required to be disclosed in a family law proceeding under law of this State other than this chapter; and (C) A proposed award that addresses each issue in arbitration; (5) Meet with or interview a child who is the subject of a child-related dispute; (6) Appoint a private expert at the expense of the parties; (7) 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; (8) Compel discovery concerning the family law dispute and determine the date, time, and place of discovery; (9) Determine the admissibility and weight of evidence; (10) Permit deposition of a witness for use as evidence at a hearing; (11) For good cause, prohibit a party from disclosing information; (12) Appoint an attorney, guardian ad litem, or other representative for a child at the expense of the parties; (13) Impose a procedure to protect a party or child from risk of harm, harassment, or intimidation; (14) Allocate arbitration fees, attorney's fees, expert-witness fees, and other costs to the parties; and (15) 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. (d) An arbitrator shall not allow ex parte communication except to the extent allowed in a family law proceeding for communication with a judge.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.