§ 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-10-107 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

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment: means an in-depth clinical interview with a licensed mental health therapist:
    (i) used to determine if a person is in need of:
    (A) substance abuse treatment that is obtained at a substance abuse program;
    (B) an educational series; or
    (C) a combination of Subsections (1)(b)(i)(A) and (B); and
    (ii) that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
  • Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 41-6a-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.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means any conviction arising from a separate episode of driving for a violation of:
    (i) driving under the influence under Section 41-6a-502;
    (ii) 
    (A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or
    (B) for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502. See Utah Code 41-6a-501
  • 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.
  • 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 41-6a-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • drugs: means :
    (i) a controlled substance as defined in Section 58-37-2;
    (ii) a drug as defined in Section 58-17b-102; or
    (iii) a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle. See Utah Code 41-6a-501
  • Educational series: means an educational series obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
  • 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.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
  • Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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
  • motor vehicle: includes :
    (A) an off-highway vehicle as defined under Section 41-22-2; and
    (B) a motorboat as defined in Section 73-18-2. See Utah Code 41-6a-501
  • Nonparty participant: means a person, other than a party or mediator, that participates in a mediation. See Utah Code 78B-10-102
  • Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
  • Operator: means :
    (a) a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-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.
  • Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
  • 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
  • Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Screening: means a preliminary appraisal of a person:
    (i) used to determine if the person is in need of:
    (A) an assessment; or
    (B) an educational series; and
    (ii) that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
  • 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.
  • Substance abuse treatment: means treatment obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
  • Writing: includes :Utah Code 68-3-12.5