Rule 4-510.05. Referral of civil actions.

Intent:

To establish procedures for the referral of civil actions to the ADR program

Applicability:

This rule applies in the district court.

Statement of the Rule:

(1) General Provisions.

(1)(A) Upon the filing of a responsive pleading, all cases subject to this rule shall be referred to the ADR program, unless the parties have participated in another ADR process, such as arbitration, collaborative law, early neutral evaluation or a settlement conference, or unless excused by the court.

(1)(B) Upon its own motion or the motion of a party, the court may excuse the parties from participating in the ADR program upon a showing of good cause.

(1)(C) Upon its own motion or the motion of a party, the court may refer an action or any issues in the action to the ADR program.

(1)(D) Upon its own motion or the motion of a party, the court may order that an action that has been referred to the ADR program be withdrawn and restored to the trial calendar upon a showing of good cause.

(1)(E) If a party believes that mediation is no longer productive, the party may terminate mediation by notifying the other party and mediator.

(1)(F) The judge to whom an action is assigned shall retain full authority to supervise the action consistent with the Utah Rules of Civil Procedure and these rules.

(2) Non-binding arbitration.

(2)(A) If the parties have timely filed an agreement to submit the case to non-binding arbitration under URCADR Rule 102, the action is stayed and the timelines of the Rules of Civil Procedure are tolled, except that discovery may continue under URCADR Rule 102(e). All subsequent proceedings shall be conducted in accordance with URCADR Rule 102 and a timetable established by the court to ensure the arbitration is completed without undue delay. The timelines of the Rules of Civil Procedure resume when the court is notified of the conclusion of ADR proceedings.

(2)(B) If a party unilaterally terminates non-binding arbitration after the hearing has begun, that party is responsible for the ADR provider fees and the reasonable attorney fees of the non-terminating party, unless the terminating party shows good cause for the termination.

(3) Notice requirements.

(3)(A) Upon conclusion of an ADR process, the plaintiff shall notify the court of the outcome of the ADR process on a form provided by the court.

(3)(B) When the case is ready for trial the parties shall certify in accordance with URCP 16.

(4) Selection of ADR provider(s).

(4)(A) Upon referral of a case or any issues therein to the ADR program, the parties shall choose the ADR provider(s) for the case. If mediation is the selected ADR process, one mediator shall be selected. If arbitration is the selected ADR process, one arbitrator shall be selected, unless the parties stipulate to or the court orders the use of a panel of three arbitrators. (4)(B) The parties may select:

(4)(B)(i) An ADR provider from the roster on the Court’s web site; or

(4)(B)(ii) An ADR provider pro tempore having specialized skill, training, or experience in relevant subject matter. Pro tempore providers must agree in writing to comply with this rule and the URCADR.

(4)(C) If the parties are unable to select a provider the parties shall return a copy of the court roster to the Director with the names of up to half of the members of the roster stricken. If there are more than two parties, each party shall be permitted to strike a proportion of names equal to or less than its proportion of the number of the parties. The Director shall select the provider(s) from among those providers not stricken by any party. The Director shall mail notice of the selection to all parties and the selected ADR provider.

(4)(D) If a party, within 10 days of mailing of the notice of selection, files a written request that the selected provider be disqualified under Canon II of URCADR Rule 104, or if the ADR provider requests to withdraw for good reason from participation in a particular case to which that provider was appointed, the Director shall select another available qualified ADR provider to participate in that case, giving deference to the expressed preferences of the parties, if any, as provided in these rules.

(4)(E) The parties shall contact the ADR provider directly for services.

(5) The fees of the ADR provider shall be paid in advance and divided equally between or among the parties unless otherwise provided by the court or agreed by the parties. Any party may petition the court for a waiver of all or part of the fees so allocated on a showing of impecuniosity or other compelling reason. If such waiver is granted, the party shall contact the Director who will appoint a pro bono ADR provider.

(6) An ADR provider acting as a mediator or arbitrator in cases under the ADR program shall be immune from liability to the same extent as judges of this state, except for such sanctions the judge having jurisdiction of the case may impose for a violation of URCADR Rule 104 which raises a substantial question as to the impartiality of the ADR provider and the conduct of the ADR proceeding involved.

(7) No ADR provider may be required to testify as to any aspect of an ADR proceeding except as to any claim of violation of URCADR Rule 104 which raises a substantial question as to the impartiality of the ADR provider and the conduct of the ADR proceeding involved.

(8) All ADR providers providing services pursuant to the ADR program shall be subject to this rule and the URCADR.

(9) Location of ADR Proceedings. Unless otherwise agreed upon by all the parties, all ADR proceedings shall be held at the office of the ADR provider or such other place designated by the ADR provider.