reglab/housing_qa huggingface dataset:
UT Code § 78B-10-104 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10 - Utah Uniform Mediation Act|Section 104 - Privilege against disclosure -- Admissibility -- Discovery.

78B-10-104. Privilege against disclosure -- Admissibility -- Discovery.    (1) Except as otherwise provided in Section 78B-10-106, a mediation communication is privileged as provided in Subsection (2) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by Section 78B-10-105.     (2) In a proceeding, the following privileges apply:   (a) A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.     (b) A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.     (c) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.       (3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-10-105 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10 - Utah Uniform Mediation Act|Section 105 - Waiver and preclusion of privilege.

78B-10-105. Waiver and preclusion of privilege.    (1) A privilege under Section 78B-10-104 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation, and:   (a) in the case of the privilege of a mediator, it is expressly waived by the mediator; and     (b) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.       (2) A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under Section 78B-10-104, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.     (3) A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under Section 78B-10-104.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-10-106 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10 - Utah Uniform Mediation Act|Section 106 - Exceptions to privilege.

78B-10-106. Exceptions to privilege.    (1) There is no privilege under Section 78B-10-104 for a mediation communication that is:   (a) in an agreement evidenced by a record signed by all parties to the agreement;     (b) available to the public under Title 63G, Chapter 2, Government Records Access and Management Act, or made during a mediation session which is open, or is required by law to be open, to the public;     (c) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;     (d) intentionally used to plan a crime, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity;     (e) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;     (f) except as otherwise provided in Subsection (3), sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or     (g) subject to the reporting requirements in Section 62A-3-305 or 62A-4a-403.       (2) There is no privilege under Section 78B-10-104 if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that:   (a) the evidence is not otherwise available;     (b) there is a need for the evidence that substantially outweighs the interest in protecting confidentiality; and     (c) the mediation communication is sought or offered in:   (i) a court proceeding involving a felony or misdemeanor; or     (ii) except as otherwise provided in Subsection (3), a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.         (3) A mediator may not be compelled to provide evidence of a mediation communication referred to in Subsection (1)(f) or (2)(c)(ii).     (4) If a mediation communication is not privileged under Subsection (1) or (2), only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under Subsection (1) or (2) does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-10-107 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10 - Utah Uniform Mediation Act|Section 107 - Prohibited mediator reports.

78B-10-107. Prohibited mediator reports.    (1) Except as required in Subsection (2), 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 ruling on the dispute that is the subject of the mediation.     (2) A mediator may disclose:   (a) whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;     (b) a mediation communication as permitted under Section 78B-10-106; or     (c) a mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment.       (3) A communication made in violation of Subsection (1) may not be considered by a court, administrative agency, or arbitrator.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-10-108 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10 - Utah Uniform Mediation Act|Section 108 - Confidentiality.

78B-10-108. Confidentiality.  Unless subject to Title 52, Chapter 4, Open and Public Meetings Act, and Title 63G, Chapter 2, Government Records Access and Management Act, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-10-109 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10 - Utah Uniform Mediation Act|Section 109 - Mediator's disclosure of conflicts of interest -- Background.

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:   (a) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and     (b) disclose any known fact to the mediation parties as soon as practical before accepting a mediation.       (2) If a mediator learns any fact described in Subsection (1)(a) after accepting a mediation, the mediator shall disclose it as soon as practicable.     (3) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.     (4) Subsections (1), (2), (3), and (6) do not apply to an individual acting as a judge or ombudsman.     (5) This chapter does not require that a mediator have a special qualification by background or profession.     (6) A mediator must be impartial, unless after disclosure of the facts required in Subsections (1) and (2) to be disclosed, the parties agree otherwise.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-10-110 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10 - Utah Uniform Mediation Act|Section 110 - Participation in mediation.

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.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-10-111 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10 - Utah Uniform Mediation Act|Section 111 - International commercial mediation.

78B-10-111. International commercial mediation.    (1) In this section:   (a) "International commercial mediation" means an international commercial conciliation as defined in Article 1 of the Model Law.     (b) "Model Law" means the Model Law on International Commercial Conciliation adopted by the United Nations Commission on International Trade Law on 28 June 2002 and recommended by the United Nations General Assembly in a resolution (A/RES/57/18) dated 19 November 2002.       (2) Except as otherwise provided in Subsections (3) and (4), if a mediation is an international commercial mediation, the mediation is governed by the Model Law.     (3) Unless the parties agree in accordance with Subsection 78B-10-103(3) that all or part of an international commercial mediation is not privileged, Sections 78B-10-104 through 78B-10-106 and any applicable definitions in Section 78B-10-102 of this chapter apply to the mediation and nothing in Article 10 of the Model Law derogates from Sections 78B-10-104 through 78B-10-106.     (4) If the parties to an international commercial mediation agree under Article 1, Section (7), of the Model Law that the Model Law does not apply, this chapter applies.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-10-112 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10 - Utah Uniform Mediation Act|Section 112 - Relation to Electronic Signatures in Global and National Commerce Act.

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 101(c) of that act or authorize electronic delivery of any of the notices described in Section 103(b) of that act.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-10-113 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10 - Utah Uniform Mediation Act|Section 113 - Uniformity of application and construction.

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.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-10-114 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10 - Utah Uniform Mediation Act|Section 114 - Application to existing agreements or referrals.

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 (1), on or after May 1, 2007, this chapter governs all agreements to mediate whenever made.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-10a-101 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10a - Tort Arbitration|Section 101 - Title.

78B-10a-101. Title.  This chapter is known as "Tort Arbitration."  Enacted by Chapter 197, 2011 General Session
UT Code § 78B-10a-102 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10a - Tort Arbitration|Section 102 - General provisions -- Filing -- Notice -- Limits.

78B-10a-102. General provisions -- Filing -- Notice -- Limits.    (1) Except for bodily injury cases involving a motor vehicle as described in Sections 31A-22-303, 31A-22-305, and 31A-22-305.3, medical malpractice cases as described in Section 78B-3-401, and governmental claims described in Section 63G-7-401, any party to an action for personal injury or property damage as a result of tortious conduct may elect to submit all bodily injury claims and property damage claims to arbitration by filing a notice of the submission of the claim to binding arbitration in a district court if:   (a) the claimant or the claimant's representative has:   (i) previously and timely filed a complaint in a district court that includes a claim for bodily injury or property damage, or both; and     (ii) filed a notice to submit the claim to arbitration within 14 days after the complaint is answered; and       (b) the notice required under Subsection (1)(a)(ii) is filed while the action under Subsection (1)(a)(i) is still pending.       (2) All parties shall respond within 30 days to the notice either agreeing or refusing to agree to arbitration. If a party does not respond, it is considered a refusal.   (a) If all parties agree to arbitration, the arbitration shall proceed in accordance with this chapter.     (b) If the parties do not agree to arbitration, the action shall proceed to trial. The request for arbitration may not be revealed during a trial or while a damage award is being deliberated.       (3) If the parties agree to submit a bodily injury or property damage claim to arbitration under Subsection (1), the party initially requesting arbitration or the party's representative is limited to an arbitration award not to exceed $50,000.    Enacted by Chapter 197, 2011 General Session
UT Code § 78B-10a-103 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10a - Tort Arbitration|Section 103 - Punitive damages.

78B-10a-103. Punitive damages.  A claim for punitive damages may not be made in an arbitration proceeding in accordance with this chapter or any subsequent proceeding, even if the claim is later resolved through a trial de novo in accordance with Section 78B-10a-108.  Enacted by Chapter 197, 2011 General Session
UT Code § 78B-10a-104 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10a - Tort Arbitration|Section 104 - Rescission -- Discovery.

78B-10a-104. Rescission -- Discovery.    (1)   (a) Any party who has agreed to arbitration in accordance with this chapter may rescind the agreement if the rescission is made within:   (i) 90 days after the agreement to arbitrate; and     (ii) not less than 30 days before any scheduled arbitration hearing.       (b) A person seeking to rescind an agreement to arbitrate in accordance with this chapter shall:   (i) file a notice of the rescission of the agreement to arbitrate with the district court where the matter was filed; and     (ii) send copies of the notice of the rescission of the agreement to arbitrate to all counsel of record in the action.       (c) All discovery completed in anticipation of the arbitration hearing shall be available for use by the parties as allowed by the Utah Rules of Civil Procedure and Utah Rules of Evidence.     (d) A party who has agreed to arbitrate in accordance with this chapter and then rescinded the agreement to arbitrate may not subsequently request to arbitrate the claim again.       (2)   (a) Unless otherwise agreed to by the parties or by order of the court, an arbitration process agreed to in accordance with this chapter is subject to Rule 26, Utah Rules of Civil Procedure.     (b) Unless otherwise agreed to by the parties or ordered by the court, discovery shall be completed within 150 days after the date arbitration is elected in accordance with this chapter or the date the answer is filed, whichever is longer.      Enacted by Chapter 197, 2011 General Session
UT Code § 78B-10a-105 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10a - Tort Arbitration|Section 105 - Selection of arbitrator or panel -- Costs.

78B-10a-105. Selection of arbitrator or panel -- Costs.    (1)   (a) Unless otherwise agreed to in writing by the parties, a claim submitted to arbitration shall be resolved by a single arbitrator.     (b) Unless otherwise agreed to by the parties or ordered by the court, all parties shall agree on a single arbitrator within 90 days of the answer of the defendant.     (c) If the parties are unable to agree on a single arbitrator as required by Subsection (1)(b), a panel of three arbitrators shall be selected in accordance with Subsection (1)(d).     (d) If a panel of three arbitrators is selected:   (i) each side shall select one arbitrator; and     (ii) the arbitrators appointed under Subsection (1)(d)(i) shall jointly select one additional arbitrator to be included on the panel.         (2) Unless otherwise agreed to in writing:   (a) each party shall pay an equal share of the fees and costs of the arbitrator selected under Subsection (1)(a); and     (b) if an arbitration panel is selected under Subsection (1)(d), each party shall pay:   (i) the fees and costs of the arbitrator selected by that party's side; and     (ii) an equal share of the fees and costs of the arbitrator selected under Subsection (1)(d)(ii).        Enacted by Chapter 197, 2011 General Session
UT Code § 78B-10a-106 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10a - Tort Arbitration|Section 106 - Governing provisions.

78B-10a-106. Governing provisions.    (1) Except as otherwise provided in this chapter and unless otherwise agreed to in writing by the parties, an arbitration proceeding conducted in accordance with this chapter shall be governed by Title 78B, Chapter 11, Utah Uniform Arbitration Act.     (2)   (a) Subject to the provisions of this chapter, the Utah Rules of Civil Procedure and Utah Rules of Evidence apply to arbitration proceedings.     (b) The Utah Rules of Civil Procedure and the Utah Rules of Evidence shall be applied with the intent of concluding the claim in a timely and cost-efficient manner.     (c) Discovery shall be conducted in accordance with Rules 26 through 37 of the Utah Rules of Civil Procedure and shall be subject to the jurisdiction of the district court in which the matter is filed.     (d) Dispositive motions shall be filed, heard, and decided by the district court prior to the arbitration proceeding in accordance with the court's scheduling order.      Enacted by Chapter 197, 2011 General Session
UT Code § 78B-10a-107 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10a - Tort Arbitration|Section 107 - Decision -- Award -- Court action.

78B-10a-107. Decision -- Award -- Court action.    (1) A written decision by a single arbitrator or by a majority of the arbitration panel shall constitute a final decision.     (2) An arbitration award issued in accordance with this chapter shall be the final resolution of all property damage or bodily injury claims between the parties and may be reduced to judgment by the court upon motion and notice unless:   (a) either party, within 20 days after service of the arbitration award:   (i) files a notice requesting a trial de novo in the district court; and     (ii) serves the nonmoving party with a copy of the notice requesting a trial de novo; or       (b) the arbitration award has been satisfied.      Enacted by Chapter 197, 2011 General Session
UT Code § 78B-10a-108 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10a - Tort Arbitration|Section 108 - Trial de novo.

78B-10a-108. Trial de novo.    (1)   (a) Upon filing a notice requesting a trial de novo in accordance with Subsection 78B-10a-107(2):   (i) unless otherwise stipulated to by the parties or ordered by the court, an additional 90 days shall be allowed for further discovery;     (ii) the additional discovery time under Subsection (1)(a)(i) shall run from the notice of the request for a trial de novo; and     (iii) the claim shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules of Evidence in the district court.       (b) In accordance with Rule 38, Utah Rules of Civil Procedure, either party may request a jury trial with a request for trial de novo filed in accordance with Subsection 78B-10a-107(2)(a)(i).       (2)   (a) If the plaintiff, as the moving party in a trial de novo requested under Subsection 78B-10a-107(2), does not obtain a verdict that is at least $5,000 and 30% greater than the arbitration award, the plaintiff is responsible for all of the nonmoving party's costs.     (b) Except as provided in Subsection (2)(c), the costs under Subsection (2)(a) shall include:   (i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and     (ii) the costs of expert witnesses and depositions.       (c) An award of costs under this Subsection (2) may not exceed $6,000.       (3)   (a) If a defendant, as the moving party in a trial de novo requested in accordance with Subsection 78B-10a-107(2), does not obtain a verdict that is at least 30% less than the arbitration award, the defendant is responsible for all of the nonmoving party's costs.     (b) Except as provided in Subsection (3)(c), the costs under Subsection (3)(a) shall include:   (i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and     (ii) the costs of expert witnesses and depositions.       (c) An award of costs in accordance with this Subsection (3) may not exceed $6,000.       (4) For purposes of determining whether a party's verdict is greater or less than the arbitration award under Subsections (2) and (3), a court may not consider any recovery or other relief granted on a claim for damages if the claim for damages:   (a) was not fully disclosed in writing prior to the arbitration proceeding; or     (b) was not disclosed in response to discovery contrary to the Utah Rules of Civil Procedure.       (5) If a district court determines, upon a motion of the nonmoving party, that the moving party's use of the trial de novo process was filed in bad faith as defined in Section 78B-5-825, the district court may award reasonable attorney fees to the nonmoving party.     (6)   (a) If a defendant requests a trial de novo under Subsection 78B-10a-107(2), the total verdict at trial may not exceed $15,000 above any available limits of insurance coverage and the total verdict may not exceed $65,000.     (b) If a plaintiff requests a trial de novo under Subsection 78B-10a-107(2), the verdict at trial may not exceed $50,000.      Enacted by Chapter 197, 2011 General Session
UT Code § 78B-10a-109 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 10a - Tort Arbitration|Section 109 - Interest.

78B-10a-109. Interest.  All arbitration awards issued in accordance with this chapter shall bear prejudgment interest pursuant to Sections 15-1-1 and 78B-5-824, and postjudgment interest pursuant to Section 15-1-4.  Enacted by Chapter 197, 2011 General Session
UT Code § 78B-11-101 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 11 - Utah Uniform Arbitration Act|Section 101 - Title.

78B-11-101. Title.  This chapter is known as the "Utah Uniform Arbitration Act."  Renumbered and Amended by Chapter 3, 2008 General Session