78B-6-208 - Confidentiality. - Utah Statutes

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Statutes > Utah > Title-78b > Chapter-06 > 78b-6-208

78B-6-208. Confidentiality.
(1) ADR proceedings shall be conducted in a manner that encourages informal andconfidential exchange among the persons present to facilitate resolution of the dispute or a part ofthe dispute. ADR proceedings shall be closed unless the parties agree that the proceedings beopen. ADR proceedings may not be recorded.
(2) No evidence concerning the fact, conduct, or result of an ADR proceeding may besubject to discovery or admissible at any subsequent trial of the same case or same issuesbetween the same parties.
(3) No party to the case may introduce as evidence information obtained during an ADRproceeding unless the information was discovered from a source independent of the ADRproceeding.
(4) Unless all parties and the neutral agree, no person attending an ADR proceeding,including the ADR provider or ADR organization, may disclose or be required to disclose anyinformation obtained in the course of an ADR proceeding, including any memoranda, notes,records, or work product.
(5) Except as provided, an ADR provider or ADR organization may not disclose ordiscuss any information about any ADR proceeding to anyone outside the proceeding, includingthe judge or judges to whom the case may be assigned. An ADR provider or an ADRorganization may communicate information about an ADR proceeding with the director for thepurposes of training, program management, or program evaluation and when consulting with apeer. In making those communications, the ADR provider or ADR organization shall renderanonymous all identifying information.
(6) Nothing in this section limits or affects the responsibility to report child abuse orneglect in accordance with Section 62A-4a-403.
(7) Records of ADR proceedings under this chapter or under Title 78B, Chapter 11, UtahUniform Arbitration Act, may not be subject to Title 63G, Chapter 2, Government RecordsAccess and Management Act, except settlement agreements filed with the court after conclusionof an ADR proceeding or awards filed with the court after the period for filing a demand for trialde novo has expired.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-06 > 78b-6-208

78B-6-208. Confidentiality.
(1) ADR proceedings shall be conducted in a manner that encourages informal andconfidential exchange among the persons present to facilitate resolution of the dispute or a part ofthe dispute. ADR proceedings shall be closed unless the parties agree that the proceedings beopen. ADR proceedings may not be recorded.
(2) No evidence concerning the fact, conduct, or result of an ADR proceeding may besubject to discovery or admissible at any subsequent trial of the same case or same issuesbetween the same parties.
(3) No party to the case may introduce as evidence information obtained during an ADRproceeding unless the information was discovered from a source independent of the ADRproceeding.
(4) Unless all parties and the neutral agree, no person attending an ADR proceeding,including the ADR provider or ADR organization, may disclose or be required to disclose anyinformation obtained in the course of an ADR proceeding, including any memoranda, notes,records, or work product.
(5) Except as provided, an ADR provider or ADR organization may not disclose ordiscuss any information about any ADR proceeding to anyone outside the proceeding, includingthe judge or judges to whom the case may be assigned. An ADR provider or an ADRorganization may communicate information about an ADR proceeding with the director for thepurposes of training, program management, or program evaluation and when consulting with apeer. In making those communications, the ADR provider or ADR organization shall renderanonymous all identifying information.
(6) Nothing in this section limits or affects the responsibility to report child abuse orneglect in accordance with Section 62A-4a-403.
(7) Records of ADR proceedings under this chapter or under Title 78B, Chapter 11, UtahUniform Arbitration Act, may not be subject to Title 63G, Chapter 2, Government RecordsAccess and Management Act, except settlement agreements filed with the court after conclusionof an ADR proceeding or awards filed with the court after the period for filing a demand for trialde novo has expired.

Renumbered and Amended by Chapter 3, 2008 General Session

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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-06 > 78b-6-208

78B-6-208. Confidentiality.
(1) ADR proceedings shall be conducted in a manner that encourages informal andconfidential exchange among the persons present to facilitate resolution of the dispute or a part ofthe dispute. ADR proceedings shall be closed unless the parties agree that the proceedings beopen. ADR proceedings may not be recorded.
(2) No evidence concerning the fact, conduct, or result of an ADR proceeding may besubject to discovery or admissible at any subsequent trial of the same case or same issuesbetween the same parties.
(3) No party to the case may introduce as evidence information obtained during an ADRproceeding unless the information was discovered from a source independent of the ADRproceeding.
(4) Unless all parties and the neutral agree, no person attending an ADR proceeding,including the ADR provider or ADR organization, may disclose or be required to disclose anyinformation obtained in the course of an ADR proceeding, including any memoranda, notes,records, or work product.
(5) Except as provided, an ADR provider or ADR organization may not disclose ordiscuss any information about any ADR proceeding to anyone outside the proceeding, includingthe judge or judges to whom the case may be assigned. An ADR provider or an ADRorganization may communicate information about an ADR proceeding with the director for thepurposes of training, program management, or program evaluation and when consulting with apeer. In making those communications, the ADR provider or ADR organization shall renderanonymous all identifying information.
(6) Nothing in this section limits or affects the responsibility to report child abuse orneglect in accordance with Section 62A-4a-403.
(7) Records of ADR proceedings under this chapter or under Title 78B, Chapter 11, UtahUniform Arbitration Act, may not be subject to Title 63G, Chapter 2, Government RecordsAccess and Management Act, except settlement agreements filed with the court after conclusionof an ADR proceeding or awards filed with the court after the period for filing a demand for trialde novo has expired.

Renumbered and Amended by Chapter 3, 2008 General Session