78B-10-109 - Mediator's disclosure of conflicts of interest -- Background. - Utah Statutes

78B-10-109. Mediator's disclosure of conflicts of interest -- Background.
(1) Before accepting a mediation, an individual who is requested to serve as a mediatorshall:
(a) make an inquiry that is reasonable under the circumstances to determine whetherthere are any known facts that a reasonable individual would consider likely to affect theimpartiality of the mediator, including a financial or personal interest in the outcome of themediation and an existing or past relationship with a mediation party or foreseeable participant inthe mediation; and
(b) disclose any known fact to the mediation parties as soon as practical before acceptinga mediation.
(2) If a mediator learns any fact described in Subsection (1)(a) after accepting amediation, the mediator shall disclose it as soon as practicable.
(3) At the request of a mediation party, an individual who is requested to serve as amediator shall disclose the mediator's qualifications to mediate a dispute.
(4) Subsections (1), (2), (3), and (6) do not apply to an individual acting as a judge orombudsman.
(5) This chapter does not require that a mediator have a special qualification bybackground or profession.
(6) A mediator must be impartial, unless after disclosure of the facts required inSubsections (1) and (2) to be disclosed, the parties agree otherwise.

Renumbered and Amended by Chapter 3, 2008 General Session