78B-10-104. Privilege against disclosure — Admissibility — Discovery. (1) Except as otherwise provided in Section 78B-10-106, a mediation communication is privileged as provided in Subsection (2) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by Section 78B-10-105. (2) In a proceeding, the following privileges […]
78B-10-105. Waiver and preclusion of privilege. (1) A privilege under Section 78B-10-104 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation, and: (a) in the case of the privilege of a mediator, it is expressly waived by the mediator; and (b) in […]
Effective 9/1/2022 78B-10-106. Exceptions to privilege. (1) There is no privilege under Section 78B-10-104 for a mediation communication that is: (a) in an agreement evidenced by a record signed by all parties to the agreement; (b) available to the public under Title 63G, Chapter 2, Government Records Access and Management Act, or made during a […]
78B-10-107. Prohibited mediator reports. (1) Except as required in Subsection (2), a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation. (2) A mediator may […]
78B-10-108. Confidentiality. Unless subject to Title 52, Chapter 4, Open and Public Meetings Act, and Title 63G, Chapter 2, Government Records Access and Management Act, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state. Renumbered and Amended by Chapter 3, 2008 General Session
78B-10-109. Mediator’s disclosure of conflicts of interest — Background. (1) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (a) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of […]
78B-10-110. Participation in mediation. An attorney or other individual designated by a party may accompany the party to, and participate in, a mediation. A waiver of participation given before the mediation may be rescinded. Renumbered and Amended by Chapter 3, 2008 General Session
78B-10-111. International commercial mediation. (1) In this section: (a) “International commercial mediation” means an international commercial conciliation as defined in Article 1 of the Model Law. (b) “Model Law” means the Model Law on International Commercial Conciliation adopted by the United Nations Commission on International Trade Law on 28 June 2002 and recommended by the […]
78B-10-112. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act or authorize electronic delivery of any of the notices described […]
78B-10-113. Uniformity of application and construction. In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Renumbered and Amended by Chapter 3, 2008 General Session
78B-10-114. Application to existing agreements or referrals. (1) This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after May 1, 2006. (2) Notwithstanding Subsection (1), on or after May 1, 2007, this chapter governs all agreements to mediate whenever made. Renumbered and Amended by Chapter 3, 2008 […]
