Utah Courts
ADR Rule 103 (Rules of Court-Annexed Alternative Dispute Resolution)
ADR Rule 103 (Rules of Court-Annexed Alternative Dispute Resolution)
Rule 103. Confidentiality in nonbinding ADR proceedings.
ADR proceedings shall be conducted in a manner that encourages an informal and confidential exchange among counsel, the parties, and the ADR provider to facilitate resolution of disputes. Unless otherwise directed by the court or by stipulation of all parties, ADR proceedings shall be conducted in private.
(a) Confidentiality in ADR communications. Motions, memoranda, exhibits, affidavits, and other written, oral or other communication submitted by counsel or the parties to the ADR provider pursuant to the requirements of these rules or at the direction, if any, of the ADR provider, shall be confidential and shall not be made a part of the record or filed with the clerk of the court. Neither shall any such communication be transmitted to the judge to whom the case is assigned, except as required elsewhere in these rules.
(b) ADR provider confidentiality. All ADR providers shall preserve and maintain the confidentiality of all ADR proceedings in which they officiate. They shall not disclose to or discuss with anyone, including the assigned judge, any information about or related to the proceedings, unless specifically required elsewhere in these rules. ADR providers shall secure and ensure the confidentiality of ADR proceeding records and shall return them to the submitting parties at the conclusion of the proceeding.