78B-6-207 - Minimum procedures for mediation.
78B-6-207. Minimum procedures for mediation.
(1) A judge or court commissioner may refer to mediation any case for which the JudicialCouncil and Supreme Court have established a program or procedures. A party may file with thecourt an objection to the referral which may be granted for good cause.
(2) (a) Unless all parties and the neutral or neutrals agree only parties, theirrepresentatives, and the neutral may attend the mediation sessions.
(b) If the mediation session is pursuant to a referral under Subsection 78A-6-108(9), theADR provider or ADR organization shall notify all parties to the proceeding and any persondesignated by a party. The ADR provider may notify any person whose rights may be affected bythe mediated agreement or who may be able to contribute to the agreement. A party may requestnotice be provided to a person who is not a party.
(3) (a) Except as provided in Subsection (3)(b), any settlement agreement between theparties as a result of mediation may be executed in writing, filed with the clerk of the court, andenforceable as a judgment of the court. If the parties stipulate to dismiss the action, anyagreement to dismiss shall not be filed with the court.
(b) With regard to mediation affecting any petition filed under Section 78A-6-304 or78A-6-505:
(i) all settlement agreements and stipulations of the parties shall be filed with the court;
(ii) all timelines, requirements, and procedures described in Title 78A, Chapter 6, Parts 3and 5, and in Title 62A, Chapter 4a, shall be complied with; and
(iii) the parties to the mediation may not agree to a result that could not have beenordered by the court in accordance with the procedures and requirements of Title 78A, Chapter 6,Parts 3 and 5, and Title 62A, Chapter 4a.
Renumbered and Amended by Chapter 3, 2008 General Session