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Committee extends Alternative Dispute Resolution Act sunset for 10 years; members flag mediation access concerns
Summary
The committee voted to extend the Alternative Dispute Resolution Act sunset from July 1, 2026 to July 1, 2036; some members said the committee should later consider limits on court-ordered private mediation and confidentiality rules surrounding mediated settlements.
The Judiciary Interim Committee voted to favorably recommend legislation that extends the sunset date for Utah's Alternative Dispute Resolution (ADR) Act from July 1, 2026 to July 1, 2036.
Paige Nelson, drafting attorney with the Office of Legislative Research and General Counsel, said the draft simply extends the statute's sunset date. Committee members generally supported extending ADR's statutory authorization but several members used the discussion to flag other policy concerns for future bills.
Why it matters: proponents said ADR (mediation and arbitration) reduces courthouse workload and settlement costs; Nelson noted that some practitioners devote most of their practice to ADR and that the state would require more judges and court resources if ADR were curtailed.
Concerns and follow-up: Senator Brammer and others cautioned about court-ordered private mediation where parties are required to pay private mediators before a case proceeds and suggested a follow-up bill to clarify limits on court-imposed private-payment requirements. Representative Abbott suggested the committee consider additional adjustments to confidentiality rules that govern whether parties can disclose settlement terms reached in mediation.
Formal action: Representative Miller moved to favorably recommend the ADR sunset extension to 2036. The motion passed; Senator Brammer recorded a negative vote and asked for a subsequent committee review of ADR practice and access concerns.
Next steps: committee staff will process the recommendation; members asked that future work address concerns about mandatory private-payment mediation and confidentiality of settlement terms.
