Utah § 78B-10-109 Mediator's disclosure of conflicts of interest -- Background.

Utah Statutes

§ 78B-10-109 — Mediator's disclosure of conflicts of interest -- Background.

Utah·Title 78B Judicial Code·Ch. 78B-10 Utah Uniform Mediation Act

(1)Before accepting a mediation, an individual who is requested to serve as a mediator shall:

(1)(a) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and

(1)(b) disclose any known fact to the mediation parties as soon as practical before accepting a mediation.

(2)If a mediator learns any fact described in Subsection (1)(a) after accepting a mediation, the mediator shall disclose it as soon as practicable.

(3)At the request of a mediation party, an individual w

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(1) Before accepting a mediation, an individual who is requested to serve as a mediator shall:

(1)(a) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and
(1)(b) disclose any known fact to the mediation parties as soon as practical before accepting a mediation.
(2) If a mediator learns any fact described in Subsection (1)(a) after accepting a mediation, the mediator shall disclose it as soon as practicable.
(3) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.
(4) Subsections (1), (2), (3), and (6) do not apply to an individual acting as a judge or ombudsman.
(5) This chapter does not require that a mediator have a special qualification by background or profession.
(6) A mediator must be impartial, unless after disclosure of the facts required in Subsections (1) and (2) to be disclosed, the parties agree otherwise.

Utah § 78B-10-109 (Mediator's disclosure of conflicts of interest -- Background.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.