Title 78B, Title 78B: Judicial Code

78B-10-105. Waiver and preclusion of privilege. (1) A privilege under Sectionmay be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation, and: 78B-10-104 in the case of the privilege of a mediator, it is expressly waived by th…

78B-10-106. Exceptions to privilege. (1) There is no privilege under Sectionfor a mediation communication that is: 78B-10-104 in an agreement evidenced by a record signed by all parties to the agreement; available to the public under, or made during a mediation session which is o…

78B-10-107. Prohibited mediator reports. (1) Except as required in Subsection, a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a rul…

78B-10-108. Confidentiality. Unless subject to, and, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state.

78B-10-109. Mediator's disclosure of conflicts of interest -- Background. (1) Before accepting a mediation, an individual who is requested to serve as a mediator shall: make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that …

78B-10-110. Participation in mediation. An attorney or other individual designated by a party may accompany the party to, and participate in, a mediation. A waiver of participation given before the mediation may be rescinded.

78B-10-111. International commercial mediation. (1) In this section: "International commercial mediation" means an international commercial conciliation as defined in Article 1 of the Model Law. "Model Law" means the Model Law on International Commercial Conciliation adopted by t…

78B-10-112. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section …

78B-10-113. Uniformity of application and construction. In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

78B-10-114. Application to existing agreements or referrals. (1) This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after May 1, 2006. (2) Notwithstanding Subsection, on or after May 1, 2007, this chapter governs all agreements to mediat…