§ 63G-5-102. Definitions.

     As used in this chapter:

(1) "Agency" is defined in Section 63G-4-103.

(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 Section 78B-6-202.

(4)

(a) "ADR provider" means a neutral person who:

(i) meets the qualifications established by Judicial Council rules authorized under Section 78B-6-205; and

(ii) conducts an ADR procedure.

(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 Section 78B-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.

Amended by Chapter 3, 2008 General Session
Renumbered and Amended by Chapter 382, 2008 General Session