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Rule 4-510.05. Referral of civilactions.

Intent:

To establish procedures for the referral of civil actions to the ADRprogram

Applicability:

This rule applies in the district court.

Statement of the Rule:

(1) General Provisions.

(1)(A) Upon the filing of a responsive pleading, all cases subject tothis rule shall be referred to the ADR program, unless the parties haveparticipated in another ADR process, such as arbitration, collaborative law,early neutral evaluation or a settlement conference, or unless excused by thecourt.

(1)(B) Upon its own motion or the motion of a party, the court mayexcuse the parties from participating in the ADR program upon a showing of goodcause.

(1)(C) Upon its own motion or the motion of a party, the court mayrefer an action or any issues in the action to the ADR program.

(1)(D) Upon its own motion or the motion of a party, the court mayorder that an action that has been referred to the ADR program be withdrawn andrestored to the trial calendar upon a showing of good cause.

(1)(E) If a party believes that mediation is no longer productive, theparty may terminate mediation by notifying the other party and mediator.

(1)(F) The judge to whom an action is assigned shall retain fullauthority to supervise the action consistent with the Utah Rules of CivilProcedure and these rules.

(2) Non-binding arbitration.

(2)(A) If the parties have timely filed an agreement to submit the caseto non-binding arbitration under URCADR Rule 102, theaction is stayed and the timelines of the Rules of Civil Procedure are tolled, except that discovery may continue under URCADR Rule 102(e). All subsequent proceedings shall beconducted in accordance with URCADR Rule 102 and atimetable established by the court to ensure the arbitration is completedwithout undue delay. The timelines of the Rules of Civil Procedure resume whenthe court is notified of the conclusion of ADR proceedings.

(2)(B) If a party unilaterally terminates non-binding arbitration afterthe hearing has begun, that party is responsible for the ADR provider fees andthe reasonable attorney fees of the non-terminating party, unless theterminating party shows good cause for the termination.

(3) Notice requirements.

(3)(A) Upon conclusion of an ADR process, the plaintiff shall notifythe court of the outcome of the ADR process on a form provided by the court.

(3)(B) When the case is ready for trial the parties shall certify inaccordance with URCP 16.

(4) Selection of ADR provider(s).

(4)(A) Upon referral of a case or any issues therein to the ADRprogram, the parties shall choose the ADR provider(s) for the case. Ifmediation is the selected ADR process, one mediator shall be selected. Ifarbitration is the selected ADR process, one arbitrator shall be selected,unless the parties stipulate to or the court orders the use of a panel of threearbitrators. (4)(B) The parties may select:

(4)(B)(i) An ADR provider from the roster onthe Court?s web site; or

(4)(B)(ii) An ADR provider pro tempore having specialized skill,training, or experience in relevant subject matter. Pro tempore providers mustagree in writing to comply with this rule and the URCADR.

(4)(C) If the parties are unable to select a provider the parties shallreturn a copy of the court roster to the Director with the names of up to halfof the members of the roster stricken. If there are more than two parties, eachparty shall be permitted to strike a proportion of names equal to or less than itsproportion of the number of the parties. The Director shall select theprovider(s) from among those providers not stricken by any party. The Directorshall mail notice of the selection to all parties and the selected ADRprovider.

(4)(D) If a party, within 10 days of mailing of the notice ofselection, files a written request that the selected provider be disqualifiedunder Canon II of URCADR Rule 104, or if the ADRprovider requests to withdraw for good reason from participation in aparticular case to which that provider was appointed, the Director shall selectanother available qualified ADR provider to participate in that case, givingdeference to the expressed preferences of the parties, if any, as provided inthese rules.

(4)(E) The parties shall contact the ADR provider directly forservices.

(5) The fees of the ADR provider shall be paid in advance and dividedequally between or among the parties unless otherwise provided by the court oragreed by the parties. Any party may petition the court for a waiver of all orpart of the fees so allocated on a showing of impecuniosityor other compelling reason. If such waiver is granted, the party shall contactthe Director who will appoint a pro bono ADR provider.

(6) An ADR provider acting as a mediator or arbitrator in cases underthe ADR program shall be immune from liability to the same extent as judges ofthis state, except for such sanctions the judge having jurisdiction of the casemay impose for a violation of URCADR Rule 104 whichraises a substantial question as to the impartiality of the ADR provider andthe conduct of the ADR proceeding involved.

(7) No ADR provider may be required to testify as to any aspect of anADR proceeding except as to any claim of violation of URCADRRule 104 which raises a substantial question as to the impartiality of the ADRprovider and the conduct of the ADR proceeding involved.

(8) All ADR providers providing services pursuant to the ADR programshall be subject to this rule and the URCADR.

(9) Location of ADR Proceedings. Unless otherwise agreed upon by allthe parties, all ADR proceedings shall be held at the office of the ADRprovider or such other place designated by the ADR provider.