Utah Code 63G-5-102. Definitions

As used in this chapter:

(1)	“Agency” is defined in Section 63G-4-103.

ADR: means a process other than litigation used to resolve disputes including mediation, arbitration, facilitation, regulatory negotiation, fact-finding, conciliation, early neutral evaluation, and policy dialogues. See Utah Code 63G-5-102
ADR provider: includes an arbitrator, mediator, and early neutral evaluator and may be an employee or an independent contractor. See Utah Code 63G-5-102
Arbitration: means a private hearing before an ADR provider or panel of ADR providers who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented. See Utah Code 63G-5-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Neutral: means a person who holds himself out to the public as a qualified person trained to use alternative dispute resolution techniques to resolve conflicts. See Utah Code 63G-5-102
Person: means :Utah Code 68-3-12.5
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

(2)	“Alternative dispute resolution” or “ADR” means a process other than litigation used to resolve disputes including mediation, arbitration, facilitation, regulatory negotiation, fact-finding, conciliation, early neutral evaluation, and policy dialogues.

(3)	“ADR organization” is defined in Section 78B-6-202.

(4)

(a)

“ADR provider” means a neutral person who:

(i)	meets the qualifications established by Judicial Council rules authorized under Section 78B-6-205; and

(ii)	conducts an ADR procedure.

(b)	“ADR provider” includes an arbitrator, mediator, and early neutral evaluator and may be an employee or an independent contractor.

(5)	“Arbitration” means a private hearing before an ADR provider or panel of ADR providers who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented.

(6)	“Mediation” is defined in Section 78B-6-202.

(7)	“Neutral” means a person who holds himself out to the public as a qualified person trained to use alternative dispute resolution techniques to resolve conflicts.

Amended by Chapter 3, 2008 General Session
Renumbered and Amended by Chapter 382, 2008 General Session