78B-6-208. Confidentiality.
(1) ADR proceedings shall be conducted in a manner that encourages informal and
confidential exchange among the persons present to facilitate resolution of the dispute or a part of
the dispute. ADR proceedings shall be closed unless the parties agree that the proceedings be
open. ADR proceedings may not be recorded.
(2) No evidence concerning the fact, conduct, or result of an ADR proceeding may be
subject to discovery or admissible at any subsequent trial of the same case or same issues
between the same parties.
(3) No party to the case may introduce as evidence information obtained during an ADR
proceeding unless the information was discovered from a source independent of the ADR
proceeding.
(4) Unless all parties and the neutral agree, no person attending an ADR proceeding,
including the ADR provider or ADR organization, may disclose or be required to disclose any
information obtained in the course of an ADR proceeding, including any memoranda, notes,
records, or work product.
(5) Except as provided, an ADR provider or ADR organization may not disclose or
discuss any information about any ADR proceeding to anyone outside the proceeding, including
the judge or judges to whom the case may be assigned. An ADR provider or an ADR
organization may communicate information about an ADR proceeding with the director for the
purposes of training, program management, or program evaluation and when consulting with a
peer. In making those communications, the ADR provider or ADR organization shall render
anonymous all identifying information.
(6) Nothing in this section limits or affects the responsibility to report child abuse or
neglect in accordance with Section 62A-4a-403.
(7) Records of ADR proceedings under this chapter or under Title 78B, Chapter 11, Utah
Uniform Arbitration Act, may not be subject to Title 63G, Chapter 2, Government Records
Access and Management Act, except settlement agreements filed with the court after conclusion
of an ADR proceeding or awards filed with the court after the period for filing a demand for trial
de novo has expired.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009