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Senate amends Uniform Mediation Act to exclude ombudsmen, passes bill to House
Summary
Senators amended SB 61 to state that ombudsmen are not neutral mediators and to require mediators to disclose specified court‑required reporting obligations; the amended bill passed on final roll call and was referred to the House.
On third reading, the Utah Senate took up Senate Bill 61 (Uniform Mediation Act) and approved amendments clarifying mediator duties and the statute’s coverage. Senator Hilliard introduced Amendment No. 2 (dated Feb. 8) to exclude ombudsmen from the Act on the basis that an ombudsman ‘‘is clearly not a neutral party’’ and typically represents landowner interests in state mediations. Hilliard said the change also updates where mediators must refer certain reporting obligations (for example, suspected child or elder abuse) by cross‑referencing the appropriate code sections.
The floor discussed the amendments’ policy intent: to preserve confidentiality and neutrality for mediators while ensuring required reporting disclosures are clear and consistent with existing code. Senator Thomas and others questioned the bill’s treatment of ombudsmen; Hilliard and supporters said the amendments respond to specific concerns raised by the ombudsman’s office and the courts. The motion to amend was adopted by voice vote and the amended bill was called for final passage.
The roll call for final passage, recorded by the clerk, showed the amended SB 61 receiving 26 yes votes, 0 nay votes with 3 absent. The bill was passed by the Senate and transmitted to the House for further action.
The Senate’s action keeps mediator confidentiality and disclosure rules in place while specifically excluding ombudsmen from the Act’s neutrality requirement, leaving enforcement and application to courts and the implementing agencies.
