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Rule 4-510.01. Alternativedispute resolution definitions.


To establish definitions for the Alternative Dispute Resolution (ADR)Program.


This rule applies in the district court.

Statement of the Rule:

As used in Rules 4-510.01 through 4-510.06:

(1) "ADR" means alternative dispute resolution and includesarbitration, mediation, and other means of dispute resolution, other than courttrial, authorized by this rule and URCADR.

(2) "ADR program" means the alternative dispute resolutionprogram.

(3) "Binding arbitration" means an ADR proceeding in whichthe award is final and enforceable as any other judgment in a civil actionunless vacated or modified by a court pursuant to statute, and in which theaward is not subject to a demand for a trial de novo.

(4) ?Collaborative Law? is a process in which the parties and theircounsel agree in writing to use their best efforts and make a good faith effortto resolve their divorce, paternity, or annulment action by agreement withoutresorting to judicial intervention except to have the court approve thesettlement agreement and sign orders required by law to effectuate theagreement of the parties. The parties? counsel may not serve thereafter aslitigation counsel except to obtain court approval of the settlement agreement.

(5) ?Court Qualified Mediator? means a mediator who is currently on theUtah Court Approved ADR Roster or who for some reason cannot join the rosterdue to a conflict of interest but meets all of the requirements to be on theUtah Court Approved ADR Roster.

(6) "Director" means the Director of Dispute ResolutionPrograms.

(7) ?Domestic Mentor? means a mediator who has completed 300 hours inconducting mediation in domestic cases and completed a domestic mentororientation.

(8) ?Master Mediator? means a provider who has completed 300 hours inconducting mediation sessions documented as required by the director. A mastermediator may also act as a ?Primary Trainer.?

(9) "Nonbinding arbitration" means an ADR proceeding in whichthe award is subject to a trial de novo;

(10) ?Primary Trainer? means a provider who qualifies as a ?MasterMediator? on the court roster or a person with equivalent experienceresearching and teaching the theory and practice of alternative disputeresolution and may oversee mediation training that fulfills the court's 40-hourmediator training requirement for the roster.

(11) "Roster" means the list of those persons qualified toprovide services under the ADR program, and includes the information suppliedby such persons pursuant to paragraph (3)(A)(i) ofthis rule.

(12) "URCADR" or "Utah Rulesof Court-Annexed Alternative Dispute Resolution" means the rules adoptedby the Utah Supreme Court which govern the ADR program.