Rule101. Conduct of mediation proceedings.
(a) Selection of mediator. The mediator shall be selected as provided inCode of Judicial Administration Rule 4-510.05(4).
(b) Pre-mediation conference. Within 10 days following selection, and afterconsultation with the participating parties or their counsel, the mediatorshall conduct a pre-mediation conference and schedule the place, date and timeof the mediation conference. The pre-mediation conference may be conducted bytelephone, with the parties individually, or together. During the pre-mediationconference, the mediator shall inform the parties of their right to withdrawfrom the mediation process before a final settlement agreement is signed. Themediation conference should be held within 45 days of the pre-mediationconference. The parties may agree to conduct discovery pursuant to paragraph(f). The mediator may request that the parties exchange and/or submit adisclosure statement prior to the mediation conference.
(c) Mediation conference. The mediation conference shall commence at theplace, date, and time agreed upon by the mediator and the parties. All partiesshall be present, shall be prepared to discuss, and shall have the authority tofully settle, all relevant issues in the case. The mediator shall conduct themediation conference and determine the length and timing of sessions andrecesses, and the order and manner of presentation of the issues. The mediationconference should proceed in a fashion that furthers the goals of the mediationprocess, preserves confidentiality, and encourages candor on the part ofparticipating parties. The mediator should serve as a neutral facilitator,assisting the parties in defining and narrowing the issues and encouraging eachparty to examine the dispute from various perspectives, without undertaking todecide any issue, make findings of fact, or impose any agreement.
(d) Separate consultation with parties during the mediation conference.During the mediation conference, the mediator may meet or consult separatelywith one or more participating parties, or may divide the conference intogroups of fewer than all the parties. Information disclosed to the mediator ona confidential basis during separate consultation shall not be disclosed toother parties without the disclosing party's consent.
(e) Settlement. In the event that a settlement to all issues is reachedduring the mediation conference, the participating parties or the mediatorshall prepare, and the parties shall execute, a written settlement agreementand promptly file with the clerk of the court any documents appropriate forresolution of the action. In the event that a resolution of less than all ofthe issues is reached, the parties shall prepare and execute a stipulationconcerning those issues that were resolved and identifying those issues thatremain in dispute. Upon filing of the stipulation with the clerk, the caseshall be withdrawn from the ADR program.
(f) Discovery. Discovery may proceed during the pendency of the mediationproceedings, except as stipulated by the parties. Subpoenas for the productionof evidence by nonparties may be issued, served and enforced by the court asprovided by the Utah Rules of Civil Procedure.
(g) Termination. If the mediator determines that the parties are unable toparticipate meaningfully in the process or that a reasonable agreement isunlikely to be achieved, the mediator may suspend or terminate the mediationprocess without explanation. The parties may terminate the proceedings at anytime.
(h) Absent parties. Upon written recommendation by the mediator or motion byany party, the court may order absent parties to show cause why they failed toattend the mediation conference and, if appropriate, why sanctions should notbe imposed.
(i) Change to arbitration. At any time prior tothe conclusion of the mediation proceedings, the parties may agree to submitthe matter to arbitration. Written notice signed by all parties and counsel ofsuch agreement shall be sent to the Director. Selection of an arbitrator shallbe governed by Code of Judicial Administration Rule 4-510(11). The parties mayby agreement request that the mediator serve as an arbitrator.
(j) No interlocutory appeal. may be taken from an order granting or denyinga motion to refer a civil action pending on January 1, 1995 to the ADR program.