§ 78B-10-101 Title
§ 78B-10-102 Definitions
§ 78B-10-103 Scope
§ 78B-10-104 Privilege against disclosure — Admissibility — Discovery
§ 78B-10-105 Waiver and preclusion of privilege
§ 78B-10-106 Exceptions to privilege
§ 78B-10-106 v2 Exceptions to privilege
§ 78B-10-107 Prohibited mediator reports
§ 78B-10-108 Confidentiality
§ 78B-10-109 Mediator’s disclosure of conflicts of interest — Background
§ 78B-10-110 Participation in mediation
§ 78B-10-111 International commercial mediation
§ 78B-10-112 Relation to Electronic Signatures in Global and National Commerce Act
§ 78B-10-113 Uniformity of application and construction
§ 78B-10-114 Application to existing agreements or referrals

Terms Used In Utah Code > Title 78B > Chapter 10 - Utah Uniform Mediation Act

  • Administration of criminal justice: means performance of any of the following: detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. See Utah Code 53-10-102
  • Alcoholic beverage: means the same as that term is defined in Section 32B-1-102. See Utah Code 53-10-102
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bureau: means the Bureau of Criminal Identification within the department, created in Section 53-10-201. See Utah Code 53-10-102
  • Commission: means the Alcoholic Beverage Services Commission. See Utah Code 53-10-102
  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • Communications services: means the technology of reception, relay, and transmission of information required by a public safety agency in the performance of the public safety agency's duty. See Utah Code 53-10-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Criminal history record information: means information on an individual consisting of identifiable descriptions and notations of:
    (a) arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising from any of them; and
    (b) sentencing, correctional supervision, and release. See Utah Code 53-10-102
  • Criminal justice agency: means a court or a government agency or subdivision of a government agency that administers criminal justice under a statute, executive order, or local ordinance and that allocates greater than 50% of its annual budget to the administration of criminal justice. See Utah Code 53-10-102
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Public Safety. See Utah Code 53-10-102
  • Director: means the division director appointed under Section 53-10-103. See Utah Code 53-10-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Criminal Investigations and Technical Services Division created in Section 53-10-103. See Utah Code 53-10-102
  • 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.
  • Executive order: means an order of the president of the United States or the chief executive of a state that has the force of law and that is published in a manner permitting regular public access to the order. See Utah Code 53-10-102
  • Highway: includes :Utah Code 68-3-12.5
  • Law enforcement agency: means an entity or division of:
    (i) 
    (A) the federal government, a state, or a political subdivision of a state;
    (B) a state institution of higher education; or
    (C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
    (ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • 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
  • Mediation party: means a person that participates in a mediation and whose agreement is necessary to resolve the dispute. See Utah Code 78B-10-102
  • Mediator: means an individual who is neutral and conducts a mediation. See Utah Code 78B-10-102
  • Nonparty participant: means a person, other than a party or mediator, that participates in 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 :Utah Code 68-3-12.5
  • 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
  • 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. 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Qualifying entity: means a business, organization, or a governmental entity that employs persons or utilizes volunteers who deal with:
    (a) national security interests;
    (b) fiduciary trust over money; or
    (c) the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities. See Utah Code 53-10-102
  • 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
  • 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.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5