Utah
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Utah. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Utah can be found in RSI’s Research Library and in Reports below.
State Legislation
- Utah Statute 30-3-38: Expedited Parent-time Enforcement Program
- Utah Statute 30-3-39: Divorce Mediation Program
- Utah Statute 78A-4-106: Appellate Mediation Office - Protected Records and Information - Governmental Immunity
- Utah Statute 78B-6-201, et seq: Alternative Dispute Resolution Act
- Utah Statute 78B-7-111: Prohibition of Court-Ordered or Court-Reffered Mediation
- Utah Statute 78B-10-101, et seq: Utah Uniform Mediation Act
- Utah Statute 78B-19-101: Uniform Collaborative Law Act
Statewide Court ADR Rules and Policies
- Utah Court of Judicial Administration Rules 4-510.01 - 4.510.06: Utah Court-Annexed ADR Program
- Utah Rule of Appellate Procedure 28A: Appellate Mediation Office
- Utah Rules of Court-Annexed Alternative Dispute Resolution
- Utah State Court Roster Mediator and Arbitrator Qualifications
- Utah Mediation Best Practice Guide
State Office of Court ADR:
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Utah Statute 78B-6-201, et seq: Alternative Dispute Resolution Act
Utah State Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: This act authorizes the Utah Judicial Council "to establish rules to promote the use of ADR procedures by the courts ... as an alternative or supplement to court trial." It also creates the position of Dispute Resolution Program Director in the Admin...
Utah Statute 30-3-39: Divorce Mediation Program
Utah State Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: This statute establishes a mandatory mediation program for all divorce cases brought to the court. Parties are required to participate in good faith in at least one mediation session, unless the director of the court dispute resolution program, the c...
Utah Statute 78B-7-111: Prohibition of Court-Ordered or Court-Referred Mediation
Utah State Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: As part of the Cohabitant Abuse Act, this section prohibits cases filed under the act from being sent to mediation. ...
Utah Statute 78A-4-106: Appellate Mediation Office - Protected Records and Information - Governmental Immunity
Utah State Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: For matters on appeal received or generated by the Appellate Mediation Office, this statute stipulates that information and records relating to such cases are protected, and may not be disclosed to judges, staff, or employees of the court. ...
Utah Statute 78B-19-101:Uniform Collaborative Law Act
Utah State Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: Under this act, parties may enter into collaborative law (CL) processes upon signing a written agreement. The act outlines the requirements for participation agreements and the CL process. One of the duties of a party's lawyer is to help determine ap...
Utah Statute 78B-10-101, et seq: Utah Uniform Mediation Act
Utah State Legislature. Utah Code, Jan. 1, 2018Resource Type: Legislation
Abstract: Under this statute, communications made in mediation are privileged and not subject to discovery or admissible as evidence in court. Mediators, mediation parties, and non-party mediation participants may refuse to disclose or prevent others from disc...
Utah Statute 30-3-38: Expedited Parent-time Enforcement Program
Utah State Legislature. Jan. 1, 2012Resource Type: Legislation
Abstract: This statute establishes an Expedited Parent-time Enforcement Program in Utah's Third Judicial District. Under the program, the court clerk automatically refers to mediation cases in which one party alleges court-ordered parent-time rights are being ...
Rules
Utah State Court Roster Mediator and Arbitrator Qualifications
Judicial Council of Utah. Jan. 1, 2019Resource Type: Guidelines, Rules - Court
Abstract: Although there is no certification of arbitrators or mediators, the Judicial Council of Utah establishes qualification criteria statewide and maintains a roster of neutrals who have met these criteria. Under this criteria all neutrals are required to...
Utah Mediation Best Practice Guide
Utah Judicial Council's Ad Hoc Committee on ADR. Nov. 1, 2018Resource Type: Guide, Case Law, Rules - Court, Legislation
Abstract: This best practices guide was created by a subcommittee of the Utah Judicial Council's Ad Hoc Committee on Alternative Dispute Resolution. The guide is a summary of Utah's statutes and rules governing mediation as well as national standards of best p...
Utah Code of Judicial Administration Rules 4-510.01 - 4-510.06: Utah Court-Annexed ADR Program
Supreme Court of Utah . Jan. 1, 2018Resource Type: Rules - Court
Abstract: These govern the Utah Court-Annexed ADR Program. The rules set forth, ADR definitions, the responsibilities of the Director and Administrative Office of the Courts, qualifications for ADR providers and ADR training, the referral of civil cases to the...
Utah Rules of Court-Annexed Alternative Dispute Resolution
Supreme Court of Utah. Jan. 1, 2018Resource Type: Rules - Court
Abstract: These rules outline the requirements for conducting mediation and arbitration proceedings. They provide requirements regarding scheduling of sessions, attendance and authority of participants, continuance of discovery, sanctions for failure to attend...
Utah Rule of Appellate Procedure 28A: Appellate Mediation Office
Utah Appellate Courts. Nov. 1, 2016Resource Type: Rules - Court
Abstract: This rule authorizes the Utah Appellate Court to order cases to mediation. Once ordered, participation in mediation is mandatory for attorneys. Under this rule, mediation communications are confidential, and the case continues through the litigation ...
Reports
Utah Online Dispute Resolution Platform: A Usability Evaluation and Report
Stacy Butler; Sarah Mauet; Christopher L. Griffin, Jr.; Mackenzie S. Pish. Sep. 8, 2020Resource Type: Evaluation
Abstract: This report from the Innovation for Justice Program at the University of Arizona evaluates Utah's Online Dispute Resolution ("ODR") platform to examine the usability of the platform as well as the affidavit and summons process. Utah's platform is bei...
Online Dispute Resolution in the United States
American Bar Association. Sep. 1, 2020Resource Type: Report
Abstract: The ABA Center for Innovation surveyed the extent of court-annexed online dispute resolution (ODR) in the United States as it existed at the end of 2019. This report contains statistics and visualizations to document the information captured from the...
Case Studies in ODR for Courts
Joint Technology Committee. JTC Resource Bulletin , Jan. 28, 2020Resource Type: Report
Abstract: This paper presents seven case studies of ODR implementation in the courts. The case studies are short, but include key takeaways about what worked and what didn’t. The ODR programs include those in five US states, one in Canada and one in the Nether...
Case Studies in ODR for Courts: A view from the front lines
Joint Technology Committee. JTC Resource Bulletin, Nov. 29, 2017Resource Type: Report
Abstract: This paper presents nine case studies of ODR implementation in the courts. The case studies are short, but include key takeaways about what worked and what didn’t. The ODR programs include: Fraklin County, Ohio Small Claims Washtenaw County, Mich...
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Contacts
Utah Dispute Resolution
Jan. 1, 1991Resource Type: Organization
Abstract: Utah Dispute Resolution is a non-profit organization that provides mediation services for community, family and small claims disputes. The organizations also provides mediation skills and peer mediation training. UDH mediates cases referred by the Th...
Utah State Courts - Alternative Dispute Resolution Programs
Utah State Courts.Resource Type: Organization
Abstract: The Judicial Council and Supreme Court of Utah implemented an alternative dispute resolution program on January 1, 1995, as a supplement to traditional litigation in Utah. The website includes information regarding mediation services, describes media...
ADR in Probate - A Pilot Project of the 3rd District Court, Utah
Resource Type: Program
Abstract: This describes how probate cases are referred to ADR, what types of ADR are offered, the time limits of ADR, and discovery issues....