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 § 78B-10-109

Title 78BJudicial Code

Ch. 78B-10Utah Uniform Mediation Act

This text of Utah § 78B-10-109 (Mediator's disclosure of conflicts of interest -- Background.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-10-109 (2026).

Text

(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.