Senate amends and passes voluntary ADR bill after clarifying language

SALT LAKE CITY — Lawmakers on Feb. 28 moved to clarify that alternative dispute-resolution procedures offered by state agencies must be voluntary for affected parties before voting to pass a revised House Bill 132.

Senator Gladwell, sponsor of the measure, said the bill sets up an optional framework for mediation, arbitration and other ADR tools for disputes with state agencies, intended to give citizens a low-cost alternative to litigation. Several senators raised concerns that the original draft left room for agencies to require ADR in lieu of court review.

Senator Hilliard proposed and the floor accepted a friendly amendment to make voluntariness explicit by requiring the consent of all interested parties for an agency-administered ADR process. "Only with the consent of all the interested parties," the amendment language adopted on the floor read.

Gladwell emphasized that participation remains voluntary: "It is absolutely voluntary. The parties to the dispute do not need to opt for any kind of alternative dispute resolution," the sponsor said on the floor. With the language clarified, the chamber moved the bill under suspension of the rules and passed the first substitute by roll call; the clerk recorded 23 yeas, no nays.

What happens next: The amended bill will return to the House for further action because the Senate made amendments. Supporters said the measure will give a lower-cost option for citizens and stakeholders to resolve disputes with agencies; critics asked legislative staff to monitor that voluntariness is enforced in practice.

Key quote: "It is absolutely voluntary. The parties to the dispute do not need to opt for any kind of alternative dispute resolution," sponsor Senator Gladwell said while advocating the bill.

The bill was publicly read by title and sent back to the House with the Senate amendment.