78B-10-103 - Scope. - Utah Statutes

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-10 > 78b-10-103

78B-10-103. Scope.
(1) Except as otherwise provided in Subsection (2) or (3), this chapter applies to amediation in which:
(a) the mediation parties are required to mediate by statute, court, or administrativeagency rule or referred to mediation by a court, administrative agency, or arbitrator;
(b) the mediation parties and the mediator agree to mediate in a record that demonstratesan expectation that mediation communications will be privileged against disclosure; or
(c) the mediation parties use as a mediator an individual who holds himself or herself outas a mediator or the mediation is provided by an entity that holds itself out as providingmediation.
(2) The chapter does not apply to a mediation:
(a) relating to the establishment, negotiation, administration, or termination of acollective bargaining relationship;
(b) relating to a dispute that is pending under or is part of the processes established by acollective bargaining agreement, except that the chapter applies to a mediation arising out of adispute that has been filed with an administrative agency or court;
(c) conducted by a judge who might make a ruling on the case; or
(d) conducted under the auspices of:
(i) a primary or secondary school if all the parties are students; or
(ii) a correctional institution for youths if all the parties are residents of that institution.
(3) If the parties agree in advance in a signed record, or a record of proceeding reflectsagreement by the parties, that all or part of a mediation is not privileged, the privileges underSections 78B-10-104 through 78B-10-106 do not apply to the mediation or part agreed upon. However, Sections 78B-10-104 through 78B-10-106 apply to a mediation communication madeby a person that has not received actual notice of the agreement before the communication ismade.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-10 > 78b-10-103

78B-10-103. Scope.
(1) Except as otherwise provided in Subsection (2) or (3), this chapter applies to amediation in which:
(a) the mediation parties are required to mediate by statute, court, or administrativeagency rule or referred to mediation by a court, administrative agency, or arbitrator;
(b) the mediation parties and the mediator agree to mediate in a record that demonstratesan expectation that mediation communications will be privileged against disclosure; or
(c) the mediation parties use as a mediator an individual who holds himself or herself outas a mediator or the mediation is provided by an entity that holds itself out as providingmediation.
(2) The chapter does not apply to a mediation:
(a) relating to the establishment, negotiation, administration, or termination of acollective bargaining relationship;
(b) relating to a dispute that is pending under or is part of the processes established by acollective bargaining agreement, except that the chapter applies to a mediation arising out of adispute that has been filed with an administrative agency or court;
(c) conducted by a judge who might make a ruling on the case; or
(d) conducted under the auspices of:
(i) a primary or secondary school if all the parties are students; or
(ii) a correctional institution for youths if all the parties are residents of that institution.
(3) If the parties agree in advance in a signed record, or a record of proceeding reflectsagreement by the parties, that all or part of a mediation is not privileged, the privileges underSections 78B-10-104 through 78B-10-106 do not apply to the mediation or part agreed upon. However, Sections 78B-10-104 through 78B-10-106 apply to a mediation communication madeby a person that has not received actual notice of the agreement before the communication ismade.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-10 > 78b-10-103

78B-10-103. Scope.
(1) Except as otherwise provided in Subsection (2) or (3), this chapter applies to amediation in which:
(a) the mediation parties are required to mediate by statute, court, or administrativeagency rule or referred to mediation by a court, administrative agency, or arbitrator;
(b) the mediation parties and the mediator agree to mediate in a record that demonstratesan expectation that mediation communications will be privileged against disclosure; or
(c) the mediation parties use as a mediator an individual who holds himself or herself outas a mediator or the mediation is provided by an entity that holds itself out as providingmediation.
(2) The chapter does not apply to a mediation:
(a) relating to the establishment, negotiation, administration, or termination of acollective bargaining relationship;
(b) relating to a dispute that is pending under or is part of the processes established by acollective bargaining agreement, except that the chapter applies to a mediation arising out of adispute that has been filed with an administrative agency or court;
(c) conducted by a judge who might make a ruling on the case; or
(d) conducted under the auspices of:
(i) a primary or secondary school if all the parties are students; or
(ii) a correctional institution for youths if all the parties are residents of that institution.
(3) If the parties agree in advance in a signed record, or a record of proceeding reflectsagreement by the parties, that all or part of a mediation is not privileged, the privileges underSections 78B-10-104 through 78B-10-106 do not apply to the mediation or part agreed upon. However, Sections 78B-10-104 through 78B-10-106 apply to a mediation communication madeby a person that has not received actual notice of the agreement before the communication ismade.

Renumbered and Amended by Chapter 3, 2008 General Session