Utah Code 63G-5-102. Definitions
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As used in this chapter:
(1) “Agency” is defined in Section 63G-4-103 .
Terms Used In Utah Code 63G-5-102
- ADR: means a process other than litigation used to resolve disputes including mediation, arbitration, facilitation, regulatory negotiation, fact-finding, conciliation, early neutral evaluation, and policy dialogues. See Utah Code 63G-5-102
- ADR provider: includes an arbitrator, mediator, and early neutral evaluator and may be an employee or an independent contractor. See Utah Code 63G-5-102
- Arbitration: means a private hearing before an ADR provider or panel of ADR providers who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented. See Utah Code 63G-5-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Neutral: means a person who holds himself out to the public as a qualified person trained to use alternative dispute resolution techniques to resolve conflicts. See Utah Code 63G-5-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(2) “Alternative dispute resolution” or “ADR” means a process other than litigation used to resolve disputes including mediation, arbitration, facilitation, regulatory negotiation, fact-finding, conciliation, early neutral evaluation, and policy dialogues.(3) “ADR organization” is defined in Section78B-6-202 .(4)(4)(a) “ADR provider” means a neutral person who:(4)(a)(i) meets the qualifications established by Judicial Council rules authorized under Section78B-6-205 ; and(4)(a)(ii) conducts an ADR procedure.(4)(b) “ADR provider” includes an arbitrator, mediator, and early neutral evaluator and may be an employee or an independent contractor.(5) “Arbitration” means a private hearing before an ADR provider or panel of ADR providers who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented.(6) “Mediation” is defined in Section78B-6-202 .(7) “Neutral” means a person who holds himself out to the public as a qualified person trained to use alternative dispute resolution techniques to resolve conflicts.