Definitions.

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  • (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.





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