78B-10-107. Prohibited mediator reports.
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78B-10-107. Prohibited mediator reports.
(1)Except as required in Subsection
(2), a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation.
(2)A mediator may disclose:
(a)whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;
(b)a mediation communication as permitted under Section 78B-10-106 ; or
(c)a mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment.
(3)A communication made in violation of Subsection
(1)may not be considered by a court, administrative agency, or arbitrator.
Renumbered and Amended by Chapter 3 , 2008 General Session