78B-6-203 - Purpose and findings.
78B-6-203. Purpose and findings.
(1) The purpose of this part is to offer an alternative or supplement to the formalprocesses associated with a court trial and to promote the efficient and effective operation of thecourts of this state by authorizing and encouraging the use of alternative methods of disputeresolution to secure the just, speedy, and inexpensive determination of civil actions filed in thecourts of this state.
(2) The Legislature finds that:
(a) the use of alternative methods of dispute resolution authorized by this part will securethe purposes of Article I, Section 11, Utah Constitution, by providing supplemental orcomplementary means for the just, speedy, and inexpensive resolution of disputes;
(b) preservation of the confidentiality of ADR procedures will significantly aid thesuccessful resolution of civil actions in a just, speedy, and inexpensive manner;
(c) ADR procedures will reduce the need for judicial resources and the time and expenseof the parties;
(d) mediation has, in pilot programs, resulted in the just and equitable settlement ofpetitions for the protection of children under Section 78A-6-304 and petitions for theterminations of parental rights under Section 78A-6-505; and
(e) the purpose of this part will be promoted by authorizing the Judicial Council toestablish rules to promote the use of ADR procedures by the courts of this state as an alternativeor supplement to court trial.
Renumbered and Amended by Chapter 3, 2008 General Session