78B-10-107 - Prohibited mediator reports.
78B-10-107. Prohibited mediator reports.
(1) Except as required in Subsection (2), a mediator may not make a report, assessment,evaluation, recommendation, finding, or other communication regarding a mediation to a court,administrative agency, or other authority that may make a ruling on the dispute that is the subjectof the mediation.
(2) A mediator may disclose:
(a) whether the mediation occurred or has terminated, whether a settlement was reached,and attendance;
(b) a mediation communication as permitted under Section 78B-10-106; or
(c) a mediation communication evidencing abuse, neglect, abandonment, or exploitationof an individual to a public agency responsible for protecting individuals against suchmistreatment.
(3) A communication made in violation of Subsection (1) may not be considered by acourt, administrative agency, or arbitrator.
(1) Except as required in Subsection (2), a mediator may not make a report, assessment,evaluation, recommendation, finding, or other communication regarding a mediation to a court,administrative agency, or other authority that may make a ruling on the dispute that is the subjectof the mediation.
(2) A mediator may disclose:
(a) whether the mediation occurred or has terminated, whether a settlement was reached,and attendance;
(b) a mediation communication as permitted under Section 78B-10-106; or
(c) a mediation communication evidencing abuse, neglect, abandonment, or exploitationof an individual to a public agency responsible for protecting individuals against suchmistreatment.
(3) A communication made in violation of Subsection (1) may not be considered by acourt, administrative agency, or arbitrator.
Renumbered and Amended by Chapter 3, 2008 General Session
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