78B-6-202 - Definitions.
78B-6-202. Definitions.
As used in this part:
(1) "ADR" means alternative dispute resolution and includes arbitration, mediation, andother means of dispute resolution, other than court trial, authorized by the Judicial Council underthis part.
(2) "ADR organization" means an organization which provides training for ADRproviders or offers other ADR services.
(3) "ADR provider" means a neutral person who conducts an ADR procedure. Anarbitrator, mediator, and early neutral evaluator are ADR providers. An ADR provider may bean employee of the court or an independent contractor.
(4) "Arbitration" means a private hearing before a neutral or panel of neutrals who hearthe evidence, consider the contentions of the parties, and enter a written award to resolve theissues presented pursuant to Section 78B-6-206.
(5) "Award" as used in connection with arbitration includes monetary or equitable reliefand may include damages, interest, costs, and attorney fees.
(6) "Civil action" means an action in which a party seeks monetary or equitable relief atcommon law or pursuant to statute.
(7) "Early neutral evaluation" means a confidential meeting with a neutral expert toidentify the issues in a dispute, explore settlement, and assess the merits of the claims.
(8) "Mediation" means a private forum in which one or more impartial persons facilitatecommunication between parties to a civil action to promote a mutually acceptable resolution orsettlement.
(9) "Summary jury trial" means a summary presentation of a case to a jury which resultsin a nonbinding verdict.
Renumbered and Amended by Chapter 3, 2008 General Session