78B-6-207. Minimum procedures for mediation.
(1) A judge or court commissioner may refer to mediation any case for which the Judicial
Council and Supreme Court have established a program or procedures. A party may file with the
court an objection to the referral which may be granted for good cause.
(2) (a) Unless all parties and the neutral or neutrals agree only parties, their
representatives, and the neutral may attend the mediation sessions.
(b) If the mediation session is pursuant to a referral under Subsection 78A-6-108(9), the
ADR provider or ADR organization shall notify all parties to the proceeding and any person
designated by a party. The ADR provider may notify any person whose rights may be affected by
the mediated agreement or who may be able to contribute to the agreement. A party may request
notice be provided to a person who is not a party.
(3) (a) Except as provided in Subsection (3)(b), any settlement agreement between the
parties as a result of mediation may be executed in writing, filed with the clerk of the court, and
enforceable as a judgment of the court. If the parties stipulate to dismiss the action, any
agreement to dismiss shall not be filed with the court.
(b) With regard to mediation affecting any petition filed under Section 78A-6-304 or
78A-6-505:
(i) all settlement agreements and stipulations of the parties shall be filed with the court;
(ii) all timelines, requirements, and procedures described in Title 78A, Chapter 6, Parts 3
and 5, and in Title 62A, Chapter 4a, shall be complied with; and
(iii) the parties to the mediation may not agree to a result that could not have been
ordered by the court in accordance with the procedures and requirements of Title 78A, Chapter 6,
Parts 3 and 5, and Title 62A, Chapter 4a.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009