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Utah Code 78B-10-109. Mediator's disclosure of conflicts of interest -- Background

Utah Code > Title 78B > Chapter 10 > § 78B-10-109 - Mediator's disclosure of conflicts of interest -- Background

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     (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 the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and
     (b) disclose any known fact to the mediation parties as soon as practical before accepting a mediation.
     (2) If a mediator learns any fact described in Subsection (1)(a) after accepting a mediation, the mediator shall disclose it as soon as practicable.
     (3) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.
     (4) Subsections (1), (2), (3), and (6) do not apply to an individual acting as a judge or ombudsman.
     (5) This chapter does not require that a mediator have a special qualification by background or profession.
     (6) A mediator must be impartial, unless after disclosure of the facts required in Subsections (1) and (2) to be disclosed, the parties agree otherwise.


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Mediation

Utah Code 78B-10-109. Mediator's disclosure of conflicts of interest -- Background

Utah Code > Title 78B > Chapter 10 > § 78B-10-109 - Mediator's disclosure of conflicts of interest -- Background

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