78B-6-205 - Judicial Council rules for ADR procedures.
78B-6-205. Judicial Council rules for ADR procedures.
(1) To promote the use of ADR procedures, the Judicial Council may by rule establishexperimental and permanent ADR programs administered by the Administrative Office of theCourts under the supervision of the director of Dispute Resolution Programs.
(2) The rules of the Judicial Council shall be based upon the purposes and provisions ofthis part. Any procedural and evidentiary rules adopted by the Supreme Court may not impingeon the constitutional rights of any parties.
(3) The rules of the Judicial Council shall include provisions:
(a) to orient parties and their counsel to the ADR program, ADR procedures, and therules of the Judicial Council;
(b) to identify types of civil actions that qualify for ADR procedures;
(c) to refer to ADR procedures all or particular issues within a civil action;
(d) to protect persons not parties to the civil action whose rights may be affected in theresolution of the dispute;
(e) to ensure that no party or its attorney is prejudiced for electing, in good faith, not toparticipate in an optional ADR procedure;
(f) to exempt any case from the ADR program in which the objectives of ADR would notbe realized;
(g) to create timetables to ensure that the ADR procedure is instituted and completedwithout undue delay or expense;
(h) to establish the qualifications of ADR providers for each form of ADR procedureincluding that:
(i) an ADR provider may, but need not be, a certified ADR provider pursuant to Title 58,Chapter 39a, Alternative Dispute Resolution Providers Certification Act; and
(ii) formal education in any particular field may not, by itself, be either a prerequisite orsufficient qualification to serve as an ADR provider under the program authorized by this part;
(i) to govern the conduct of each type of ADR procedure, including the site at which theprocedure is conducted;
(j) to establish the means for the selection of an ADR provider for each form of ADRprocedure;
(k) to determine the powers, duties, and responsibilities of the ADR provider for eachform of ADR procedure;
(l) to establish a code of ethics applicable to ADR providers with means for itsenforcement;
(m) to protect and preserve the privacy and confidentiality of ADR procedures;
(n) to protect and preserve the privacy rights of the persons attending the ADRprocedures;
(o) to permit waiver of all or part of fees assessed for referral of a case to the ADRprogram on a showing of impecuniosity or other compelling reason;
(p) to authorize imposition of sanctions for failure of counsel or parties to participate ingood faith in the ADR procedure assigned;
(q) to assess the fees to cover the cost of compensation for the services of the ADRprovider and reimbursement for the provider's allowable, out-of-pocket expenses anddisbursements; and
(r) to allow vacation of an award by a court as provided in Section 78B-11-124.
(4) The Judicial Council may, from time to time, limit the application of its ADR rules toparticular judicial districts.
Renumbered and Amended by Chapter 3, 2008 General Session