| (1) |
Except as required in Subsection (2), a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation. |
Terms Used In Utah Code 78B-10-107
- 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
- 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. See Utah Code 78B-10-102
- Mediator: means an individual who is neutral and conducts a mediation. See Utah Code 78B-10-102
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
| (2) |
A mediator may disclose:
| (a) |
whether the mediation occurred or has terminated, whether a settlement was reached, and attendance; |
| (b) |
a mediation communication as permitted under Section 78B-10-106; or |
| (c) |
a mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment. |
|
| (3) |
A communication made in violation of Subsection (1) may not be considered by a court, administrative agency, or arbitrator. |
Renumbered and Amended by Chapter 3, 2008 General Session
