78B-6-207. Minimum procedures for mediation.
376 words·~2 min read·
/ut/title-78b/chapter-6/78b-6-207A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 9/1/2022
78B-6-207. Minimum procedures for mediation.
(1)A judge or court commissioner may refer to mediation any case for which the Judicial Council and Supreme Court have established a program or procedures. A party may file with the court an objection to the referral which may be granted for good cause.
(a)Unless all parties and the neutral or neutrals agree only parties, their representatives, and the neutral may attend the mediation sessions.
(b)If the mediation session is in accordance with a referral under Section 80-3-206 or 80-4-206 , the ADR provider or ADR organization shall notify all parties to the proceeding and any person designated by a party. The ADR provider may notify any person whose rights may be affected by the mediated agreement or who may be able to contribute to the agreement. A party may request notice be provided to a person who is not a party.
(a)Except as provided in Subsection (3)(b) , any settlement agreement between the parties as a result of mediation may be executed in writing, filed with the clerk of the court, and enforceable as a judgment of the court. If the parties stipulate to dismiss the action, any agreement to dismiss shall not be filed with the court.
(b)With regard to mediation affecting any petition filed under Section 80-3-201 or 80-4-201 :
(i)all settlement agreements and stipulations of the parties shall be filed with the court;
(ii)all timelines, requirements, and procedures described in Title 80, Chapter 2, Child Welfare Services , Title 80, Chapter 2a, Removal and Protective Custody of a Child , Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings , and Title 80, Chapter 4, Termination and Restoration of Parental Rights , shall be complied with; and
(iii)the parties to the mediation may not agree to a result that could not have been ordered by the court in accordance with the procedures and requirements of Title 80, Chapter 2, Child Welfare Services , Title 80, Chapter 2a, Removal and Protective Custody of a Child , Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings , and Title 80, Chapter 4, Termination and Restoration of Parental Rights .
Amended by Chapter 335 , 2022 General Session