Rule 15-1107. Award; form; service of award; judicial confirmation of award.
(a) Time frame. Whenever practical the panel or sole arbitrator shall hold a hearing within 60 days after receipt of the agreement to arbitrate, signed by both parties, and the signed petition and answer, and shall render its award within 20 days after the close of the hearing or the close of the final hearing if more than one hearing has been held. The award of the panel shall be made by the majority of the panel or by the sole arbitrator.
(b) Delivery to Bar office. The award shall be in writing, and shall be signed by the members of the panel concurring or by the sole arbitrator. The award shall include a determination of all questions submitted to the panel or sole arbitrator which are necessary to resolve the dispute. The original of the award shall be forwarded by the panel chair or sole arbitrator to the Bar office.
(c) Form. While the award is not required to be in any particular form, it should, in general, consist of a preliminary statement reciting the jurisdictional facts, such as that a hearing was held upon notice pursuant to a written agreement to arbitrate, the parties were given an opportunity to testify and cross-examine, and shall include a brief statement of the dispute, findings and the award.
(d) Service on parties. The panel or sole arbitrator shall render a written decision which shall be forwarded by the panel chairman or sole arbitrator to the Bar office, which shall then forward the decision to the petitioner and the respondent.
(e) Client award – judicial confirmation. If the award favors the client, and the licensed paralegal practitioner fails to comply with the award within 20 days after the date on which a copy of the award is mailed to him, the client may seek a confirmation of the award in accordance with the Utah Uniform Arbitration Act but without further assistance by the Bar.
(f) Licensed paralegal practitioner award – judicial confirmation. If the award favors the licensed paralegal practitioner, and the client fails to comply with the award within 20 days after the date upon which a copy of the award is mailed to the client by the Bar office the licensed paralegal practitioner may exercise his or her rights under the Utah Uniform Arbitration Act, which provides for the judicial confirmation of arbitration awards but without further assistance by the Bar.
(g) Modification of award by arbitrators.
(g)(1) Upon motion of any party to the arbitrators or upon order of the court pursuant to a motion, the arbitrators may modify the award if:
(g)(1)(A) there was an evident miscalculation of figures or description of a person or property referred to in the award;
(g)(1)(B) the award is imperfect as to form; or
(g)(1)(C) necessary to clarify any part of the award.
(g)(2) A motion to the arbitrators for modification of an award shall be made within 20 days after service of the award upon the moving party. Written notice that a motion has been made shall be promptly served personally or by certified mail upon all other parties to the proceeding. The notice of motion for modification shall contain a statement that objections to the motion be served upon the moving party within ten days after receipt of the notice.
Effective November 1, 2018