58-39a-2 - Definitions. - Utah Statutes

58-39a-2. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) (a) "Alternative dispute resolution" or "ADR" means the provision of an alternativesystem for settling conflicts between two or more parties, which operates both independent of oras an adjunct to the judicial-litigation system, through the intervention of a qualified neutralperson or persons who are trained to intercede in and coordinate the interaction of the disputantsin a settlement process.
(b) "Alternative dispute resolution" or "ADR" includes arbitration, mediation,conciliation, negotiation, mini-trial, moderated settlement conference, neutral expert fact-finding,summary jury trial, and use of special masters and related processes in civil disputes.
(2) "Board" means the Alternative Dispute Resolution Providers Certification Boardcreated in Section 58-39a-3.
(3) (a) "Certified dispute resolution provider" or "certified ADR provider" means aperson providing services as a mediator, negotiator, conciliator, or arbitrator who has voluntarilyqualified for certification and is certified under this act or whose certification by another state isrecognized by the division in collaboration with the board.
(b) Only Subsection 58-1-501(1)(e) applies to a certified dispute resolution provider or acertified ADR provider.
(4) "Dispute resolution provider" means a person, other than a judge acting in his officialcapacity, who holds himself out to the public as a qualified neutral person trained to function inthe conflict-solving process using the techniques and procedures of negotiation, conciliation,mediation, arbitration, mini-trial, moderated settlement conference, neutral expert fact-finding,summary jury trial, special masters, and related processes.
(5) "Unprofessional conduct" as defined in Section 58-1-501 and as may be furtherdefined by rule includes any one or more of the following:
(a) providing alternative dispute resolution services if there are reasonable grounds tobelieve any parties to the procedure might affect the impartiality of the ADR provider; and
(b) failure to clearly define the services to be provided, the rules of conduct to govern,the criteria to be applied, or the applicable fees charged.

Amended by Chapter 297, 1993 General Session