78B-6-204 - Dispute Resolution Programs -- Director -- Duties -- Report.
78B-6-204. Dispute Resolution Programs -- Director -- Duties -- Report.
(1) Within the Administrative Office of the Courts, there shall be a director of DisputeResolution Programs, appointed by the state court administrator.
(2) The director shall be an employee of the Administrative Office of the Courts andshall be responsible for the administration of all court-annexed Dispute Resolution Programs. The director shall have duties, powers, and responsibilities as the Judicial Council maydetermine. The qualifications for employment of the director shall be based on training andexperience in the management, principles, and purposes of alternative dispute resolutionprocedures.
(3) In order to implement the purposes of this part, the Administrative Office of theCourts may employ or contract with ADR providers or ADR organizations on a case-by-casebasis, on a service basis, or on a program basis. ADR providers and organizations shall besubject to the rules and fees set by the Judicial Council. The Administrative Office of the Courtsshall establish programs for training ADR providers and orienting attorneys and their clients toADR programs and procedures.
(4) An ADR provider is immune from all liability when conducting proceedings underthe rules of the Judicial Council and the provisions of this part, except for wrongful disclosure ofconfidential information, to the same extent as a judge of the courts in this state.
(5) The director shall report annually to the Supreme Court, the Judicial Council, theJudiciary Interim Committee, the governor, and the Utah State Bar on the operation of theDispute Resolution Programs.
(a) Copies of the report shall be available to the public at the Administrative Office ofthe Courts.
(b) The report shall include:
(i) identification of participating judicial districts and the methods of alternative disputeresolution that are available in those districts;
(ii) the number and types of disputes received;
(iii) the methods of alternative dispute resolution to which the disputes were referred;
(iv) the course of the referral;
(v) the status of cases referred to alternative dispute resolution or the disposition of thesedisputes; and
(vi) any problems encountered in the administration of the program and therecommendations of the director as to the continuation or modification of any program.
(c) Nothing may be included in a report which would impair the privacy orconfidentiality of any specific ADR proceeding.
Renumbered and Amended by Chapter 3, 2008 General Session