Rule 4-510.01. Alternative dispute resolution definitions.

Intent:

To establish definitions for the Alternative Dispute Resolution (ADR) Program.

Applicability:

This rule applies in the district court.

Statement of the Rule:

As used in Rules 4-510.01 through 4-510.06:

(1) "ADR" means alternative dispute resolution and includes arbitration, mediation, and other means of dispute resolution, other than court trial, authorized by this rule and URCADR.

(2) "ADR program" means the alternative dispute resolution program.

(3) "Binding arbitration" means an ADR proceeding in which the award is final and enforceable as any other judgment in a civil action unless vacated or modified by a court pursuant to statute, and in which the award is not subject to a demand for a trial de novo.

(4) “Collaborative Law” is a process in which the parties and their counsel agree in writing to use their best efforts and make a good faith effort to resolve their divorce, paternity, or annulment action by agreement without resorting to judicial intervention except to have the court approve the settlement agreement and sign orders required by law to effectuate the agreement of the parties. The parties’ counsel may not serve thereafter as litigation counsel except to obtain court approval of the settlement agreement.

(5) “Court Qualified Mediator” means a mediator who is currently on the Utah Court Approved ADR Roster or who for some reason cannot join the roster due to a conflict of interest but meets all of the requirements to be on the Utah Court Approved ADR Roster.

(6) "Director" means the Director of Dispute Resolution Programs.

(7) “Domestic Mentor” means a mediator who has completed 300 hours in conducting mediation in domestic cases and completed a domestic mentor orientation.

(8) “Master Mediator” means a provider who has completed 300 hours in conducting mediation sessions documented as required by the director. A master mediator may also act as a “Primary Trainer.”

(9) "Nonbinding arbitration" means an ADR proceeding in which the award is subject to a trial de novo;

(10) “Primary Trainer” means a provider who qualifies as a “Master Mediator” on the court roster or a person with equivalent experience researching and teaching the theory and practice of alternative dispute resolution and may oversee mediation training that fulfills the court's 40-hour mediator training requirement for the roster.

(11) "Roster" means the list of those persons qualified to provide services under the ADR program, and includes the information supplied by such persons pursuant to paragraph (3)(A)(i) of this rule.

(12) "URCADR" or "Utah Rules of Court-Annexed Alternative Dispute Resolution" means the rules adopted by the Utah Supreme Court which govern the ADR program.