78B-10a-102. General provisions -- Filing -- Notice -- Limits.
(1) Except for bodily injury cases involving a motor vehicle as described in Sections,, and, medical malpractice cases as described in Section, and governmental claims described in Section, any party to an action for personal injury or property damage as a result of tortious conduct may elect to submit all bodily injury claims and property damage claims to arbitration by filing a notice of the submission of the claim to binding arbitration in a district court if: 31A-22-303 31A-22-305 31A-22-305.3 78B-3-401 63G-7-401 the claimant or the claimant's representative has: previously and timely filed a complaint in a district court that includes a claim for bodily injury or property damage, or both; and filed a notice to submit the claim to arbitration within 14 days after the complaint is answered; and the notice required under Subsectionis filed while the action under Subsectionis still pending. (1)(a)(ii) (1)(a)(i)
(2) All parties shall respond within 30 days to the notice either agreeing or refusing to agree to arbitration. If a party does not respond, it is considered a refusal. If all parties agree to arbitration, the arbitration shall proceed in accordance with this chapter. If the parties do not agree to arbitration, the action shall proceed to trial. The request for arbitration may not be revealed during a trial or while a damage award is being deliberated.
(3) If the parties agree to submit a bodily injury or property damage claim to arbitration under Subsection, the party initially requesting arbitration or the party's representative is limited to an arbitration award not to exceed $50,000. (1)