78B-6-204. Dispute Resolution Programs -- Director -- Duties -- Report.
(1) Within the Administrative Office of the Courts, there shall be a director of Dispute
Resolution Programs, appointed by the state court administrator.
(2) The director shall be an employee of the Administrative Office of the Courts and
shall be responsible for the administration of all court-annexed Dispute Resolution Programs.
The director shall have duties, powers, and responsibilities as the Judicial Council may
determine. The qualifications for employment of the director shall be based on training and
experience in the management, principles, and purposes of alternative dispute resolution
procedures.
(3) In order to implement the purposes of this part, the Administrative Office of the
Courts may employ or contract with ADR providers or ADR organizations on a case-by-case
basis, on a service basis, or on a program basis. ADR providers and organizations shall be
subject to the rules and fees set by the Judicial Council. The Administrative Office of the Courts
shall establish programs for training ADR providers and orienting attorneys and their clients to
ADR programs and procedures.
(4) An ADR provider is immune from all liability when conducting proceedings under
the rules of the Judicial Council and the provisions of this part, except for wrongful disclosure of
confidential information, to the same extent as a judge of the courts in this state.
(5) The director shall report annually to the Supreme Court, the Judicial Council, the
Judiciary Interim Committee, the governor, and the Utah State Bar on the operation of the
Dispute Resolution Programs.
(a) Copies of the report shall be available to the public at the Administrative Office of
the Courts.
(b) The report shall include:
(i) identification of participating judicial districts and the methods of alternative dispute
resolution that are available in those districts;
(ii) the number and types of disputes received;
(iii) the methods of alternative dispute resolution to which the disputes were referred;
(iv) the course of the referral;
(v) the status of cases referred to alternative dispute resolution or the disposition of these
disputes; and
(vi) any problems encountered in the administration of the program and the
recommendations of the director as to the continuation or modification of any program.
(c) Nothing may be included in a report which would impair the privacy or
confidentiality of any specific ADR proceeding.
Renumbered and Amended by Chapter 3, 2008 General Session
Download Code Section Zipped WordPerfect 78B06_020400.ZIP 2,824 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009