Utah Code 78B-10-102. Definitions

As used in this chapter:

(1)	“Mediation” means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Mediation: means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. See Utah Code 78B-10-102
Mediator: means an individual who is neutral and conducts a mediation. See Utah Code 78B-10-102
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Person: means an individual, corporation, estate, trust, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-10-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-10-102

(2)	“Mediation communication” means conduct or a statement, whether oral, in a record, verbal, or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.

(3)	“Mediation party” means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.

(4)	“Mediator” means an individual who is neutral and conducts a mediation.

(5)	“Nonparty participant” means a person, other than a party or mediator, that participates in a mediation.

(6)	“Person” means an individual, corporation, estate, trust, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

(7)

“Proceeding” means:

(a)	a judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery; or

(b)	a legislative hearing or similar process.

(8)	“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(9)

“Sign” means:

(a)	to execute or adopt a tangible symbol with the present intent to authenticate a record; or

(b)	to attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.

Renumbered and Amended by Chapter 3, 2008 General Session