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Civil Actions

Referral of Civil Actions (Rule 4-510.05)

UCJA Rule 4-510.05. Referral of civil actions. This rule applies in the district court. (Exceptions to this rule are found in Rule 4-510.06. Cases exempt from ADR rules.)

General Provisions

  • 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.
  • 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.
  • 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.
  • 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own motion or the motion of a party, the court may order that an action that has been referred to the ADR program be withdrawn and restored to the trial calendar upon a showing of good cause.
  • If a party believes that mediation is no longer productive, the party may terminate mediation by notifying the other party and mediator.
  • 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.

Non-binding arbitration.

  • 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.
  • 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.

Notice Requirements

  • 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.
  • When the case is ready for trial the parties shall certify in accordance with URCP 16.

 

Selection of ADR Provider

The parties may select an ADR provider from the Court-Annexed ADR Provider Roster. The parties shall contact the ADR provider directly for services.

 

Fees

  • The cost of the ADR services is paid for by the disputants. (Typically, parties split the fees equally or agree on a fair division according to their income). Providers set their professional rate. The maximum hourly fee charged by individual mediators and arbitrators is indicated in the Court Roster.
  • 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.

 

Withdrawal

Once the process has started, parties may opt out of mediation at anytime. However, if a party unilaterally terminates a non-binding arbitration procedure after the hearing has begun, that party will be responsible for all of the ADR provider's fees, and possibly reasonable attorney's fees for the other side. A mediator may also terminate the process if he/she determines that the parties are unable to participate meaningfully, or that a reasonable agreement is unlikely to be achieved.

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