78B-6-202. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in this part:

(1)"ADR" means alternative dispute resolution and includes arbitration, mediation, and other means of dispute resolution, other than court trial, authorized by the Judicial Council under this part.

(2)"ADR organization" means an organization which provides training for ADR providers or offers other ADR services.

(3)"ADR provider" means a neutral person who conducts an ADR procedure. An arbitrator, mediator, and early neutral evaluator are ADR providers. An ADR provider may be an employee of the court or an independent contractor.

(4)"Arbitration" means a private hearing before a neutral or panel of neutrals who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented pursuant to Section 78B-6-206 .

(5)"Award" as used in connection with arbitration includes monetary or equitable relief and may include damages, interest, costs, and attorney fees.

(6)"Civil action" means an action in which a party seeks monetary or equitable relief at common law or pursuant to statute.

(7)"Early neutral evaluation" means a confidential meeting with a neutral expert to identify the issues in a dispute, explore settlement, and assess the merits of the claims.

(8)"Mediation" means a private forum in which one or more impartial persons facilitate communication between parties to a civil action to promote a mutually acceptable resolution or settlement.

(9)"Summary jury trial" means a summary presentation of a case to a jury which results in a nonbinding verdict.

Renumbered and Amended by Chapter 3 , 2008 General Session