Parties select their arbitrator or mediator from a list of experienced attorneys that the Court has appointed to serve as neutrals . With approximately ninety-five percent of all civil cases being resolved before trial, ADR can serve as an effective tool for early case evaluation and resolution, resulting in less time and lower costs than traditional litigation. In the District Court's arbitration program, the arbitrator hears and decides the case with the formal standards of evidence and discovery relaxed to the degrees agreed on by the arbitrator in consultation with the parties and their attorneys. If the parties agree, they can stipulate to having a panel of three arbitrators jointly hear the case. Unless the parties stipulate or the assigned judge orders otherwise, the arbitration award is non-binding, and the parties have thirty days after the filing of the award to request a trial de novo.
All proceedings are confidential and awards are sealed until entered as a final judgment.
In the District of Utah's mediation program, a neutral third party, the mediator, helps the parties to negotiate a mutually satisfactory settlement to their dispute. As with arbitration, the mediation process is confidential and the parties' expenses in time and money typically are significantly lower that what a trial would entail. Hourly compensation applies to each hour of service in an arbitration hearing or mediation conference. Preparation time is not compensated. Parties split the neutral's fee evenly between the plaintiff and defendant unless otherwise agreed.