Lotus Appellate Law
Utah Rules of Court-Annexed Alternative Dispute Resolution: Filing Deadlines & Timeline
Court-annexed ADR in Utah isn’t just a scheduling courtesy — it runs on hard deadlines with real consequences for missing them. The mediator must hold a pre-mediation conference within 10 days of selection and schedule the mediation conference within 45 days of that.
In arbitration, the pre-hearing conference must be held within 30 days of the arbitrator’s selection, and the hearing itself must be conducted within 120 days of the pre-hearing conference. Exhibits must be served 20 to 30 days before the arbitration hearing; written objections based on foundation, authentication, or hearsay are waived if not served at least 7 days before the hearing. The arbitration award must be filed with the court within 20 days of the hearing’s conclusion. And running through all of it is a strict confidentiality regime — no ADR communications reach the assigned judge, and all records go back to the parties when the process concludes.
This reference maps every deadline and procedural requirement across mediation, nonbinding arbitration, confidentiality, and provider ethics — organized by phase and rule number for use at every stage of the ADR process.
Utah Rules of Court-Annexed Alternative Dispute Resolution
Filing Deadlines
Fixed deadline — specific day count required
No fixed deadline — rule applies but timing is discretionary or event-triggered
Filter by phase
Filter by rule number
Mediation (Rule 101)
After selection
Selection of mediator — governed by CJA Rule 4-510.05(4)Procedural
The mediator is selected as provided in Code of Judicial Administration Rule 4-510.05(4). The selection process is governed by that rule, not by the ADR rules themselves. No fixed deadline in the ADR rules — selection is event-triggered by the court’s ADR referral order.
10 days after selection
Pre-mediation conference — mediator must conduct within 10 days of selection
Within 10 days following selection, and after consultation with the participating parties or their counsel, the mediator must conduct a pre-mediation conference and schedule the place, date, and time of the mediation conference. The pre-mediation conference may be conducted by telephone, with the parties individually or together. During the conference the mediator must inform the parties of their right to withdraw before a final settlement agreement is signed. The mediator may request that parties exchange or submit a disclosure statement prior to the mediation conference.
Within 45 days of pre-mediation conference
Mediation conference — should be held within 45 days of the pre-mediation conference
The mediation conference should be held within 45 days of the pre-mediation conference. All parties must be present, prepared to discuss all relevant issues, and have full authority to settle all issues in the case. The mediator determines the length and timing of sessions and recesses and the order and manner of presentation of issues. The mediator serves as a neutral facilitator only — without deciding any issue, making findings of fact, or imposing any agreement.
During conference
Separate consultations — mediator may meet privately with individual partiesProcedural
During the mediation conference, the mediator may meet or consult separately with one or more participating parties, or may divide the conference into groups of fewer than all the parties. Information disclosed to the mediator on a confidential basis during separate consultation may not be disclosed to other parties without the disclosing party’s consent.
Upon settlement
Settlement — parties must execute written agreement and promptly file documents with the courtRequired
If a settlement of all issues is reached, the participating parties or the mediator must prepare a written settlement agreement which the parties must execute, and must promptly file with the clerk of the court any documents appropriate for resolution of the action. If only some issues are resolved, the parties must prepare and execute a stipulation identifying both resolved and remaining issues. Upon filing the stipulation, the case is withdrawn from the ADR program.
Any time before conclusion
Change to arbitration — parties may agree to switch at any time before conclusion of mediationProcedural
At any time before the conclusion of the mediation proceedings, the parties may agree to submit the matter to arbitration instead. Written notice signed by all parties and counsel must be sent to the Director. Selection of an arbitrator is then governed by CJA Rule 4-510(11). The parties may by agreement request that the mediator serve as the arbitrator.
At any time
Termination — mediator or any party may terminate the proceedings at any timeProcedural
If the mediator determines that the parties are unable to participate meaningfully or that a reasonable agreement is unlikely, the mediator may suspend or terminate the mediation without explanation. The parties may terminate the proceedings at any time. Parties who fail to attend may be ordered by the court to show cause why they did not appear and why sanctions should not be imposed.
Nonbinding Arbitration (Rule 102)
After selection
Selection of arbitrator(s) — governed by CJA Rule 4-510.05(4)Procedural
The arbitrator or arbitration panel is selected as provided in Code of Judicial Administration Rule 4-510.05(4). The selection process is governed by that rule, not by the ADR rules themselves.
30 days after selection
Pre-hearing conference — must be conducted within 30 days of arbitrator selection
Within 30 days after selection of the arbitrator(s), a pre-hearing conference must be conducted. All participating parties or their counsel must attend. The conference purposes include: reviewing the case; defining and narrowing the issues; determining the scope and timing of any discovery and disclosure; reaching stipulations for admission of facts and documents; identifying witnesses; determining the necessity of subpoenas; and scheduling the arbitration hearing.
120 days after pre-hearing conference
Arbitration hearing — must be held within 120 days of the pre-hearing conference
The arbitration hearing must be held within 120 days of the date of the pre-hearing conference. The hearing is conducted by the arbitrator(s) at the place, date, and time designated. All parties are entitled to be heard, to present evidence, and to cross-examine witnesses. The hearing may proceed in the absence of a party who received written notice but did not appear. Issues not defined at the pre-hearing conference will generally not be considered.
30 days from original date (continuance)
Continuance of arbitration hearing — must be commenced within 30 days of the original date
Upon motion by any party or on its own motion, the arbitrator(s) may continue the arbitration hearing, provided the hearing is commenced within 30 days of the original date set at the pre-hearing conference. Any continuance beyond 30 days requires good cause and likely requires court involvement.
20–30 days before hearing (exhibit service)
Exhibits must be served on all parties and the arbitrator(s) — no less than 20 nor more than 30 days before the hearingWaiver Risk
A party who intends to offer documentary evidence at the arbitration hearing must serve copies of the exhibits, together with written notice of intent to offer them, upon all participating parties and the arbitrator(s) not less than 20 days nor more than 30 days before the hearing. All original exhibits and copies must be marked before the arbitration hearing. Failure to serve exhibits within this window may result in waiver of the right to object on certain grounds.
7 days before hearing (objections)
Written objections to exhibits — must be served no later than 7 days before the arbitration hearingWaiver if Late
No later than 7 days before the arbitration hearing, each party may serve upon the offering party and the arbitrator(s) written objections to one or more exhibits, specifying the exhibit and the specific grounds for objection. Any objections based on evidentiary foundation, authentication, or hearsay not served within this deadline are deemed waived.
5 days notice (transcript)
Stenographic recording of hearing — 5 days notice required to arbitrator(s) and other parties
Any participating party who wishes to arrange for stenographic or other non-video recording of the arbitration hearing must give 5 days notice to the arbitrator(s) and all other participating parties. A copy of any transcript or recording must be supplied to the arbitrator(s) at no charge. Transcripts are not admissible in any subsequent trial de novo but may be used in connection with a motion to modify or vacate an award. All transcripts must be destroyed when an award becomes final or when a trial de novo is demanded.
20 days after hearing conclusion
Arbitration award — must be filed with the court within 20 days after conclusion of the hearing
The arbitrator(s) must prepare and file with the clerk of the court a written award within 20 days after the conclusion of the arbitration hearing, and must mail copies to all participating parties, counsel of record, and the Director. The award must be in writing, signed, and state with particularity the prevailing party or parties, the parties against whom the award is rendered, and the precise amount(s). Upon filing, Utah Code Section 78B-6-206 applies.
Any time before conclusion
Change to mediation — parties may agree to switch at any time before conclusion of the arbitration hearingProcedural
At any time before the conclusion of the arbitration hearing, the parties may agree to submit the matter to mediation instead. Written notice signed by all parties and counsel must be sent to the Director. The mediator may not be the same person as the arbitrator(s) unless the parties by agreement request that one of the arbitrator(s) serve as the mediator.
Stayed during proceedings
Discovery stayed during arbitration — except as stipulated by the partiesProcedural
Discovery is stayed during the pendency of the arbitration proceedings, except as stipulated by the parties. Subpoenas for the production of evidence by nonparties may be issued, served, and enforced by the court as provided by the Utah Rules of Civil Procedure. Note: in mediation proceedings under Rule 101, discovery may proceed unless the parties stipulate otherwise.
Confidentiality (Rule 103)
Throughout proceedings
ADR proceedings are private and confidential — conducted in private unless all parties stipulate otherwiseOngoing
ADR proceedings must be conducted to encourage informal and confidential exchange among counsel, parties, and the ADR provider. Unless otherwise directed by the court or by stipulation of all parties, ADR proceedings are conducted in private. All motions, memoranda, exhibits, affidavits, and other written or oral communications submitted to the ADR provider are confidential, may not be made part of the court record, and may not be transmitted to the assigned judge except as required by the rules.
At conclusion
ADR provider must return all proceeding records to submitting parties at the conclusion of the proceedingRequired
All ADR providers must preserve and maintain the confidentiality of all proceedings in which they officiate. They may not disclose to or discuss with anyone — including the assigned judge — any information about the proceedings unless specifically required by the rules. ADR providers must secure the confidentiality of all proceeding records and return them to the submitting parties at the conclusion of the proceeding.
Ethics & Provider Conduct (Rule 104)
Before accepting appointment
Disclosure of conflicts — provider must evaluate and disclose interests and relationships before acceptingRequired
Before accepting appointment, an ADR provider must carefully consider whether they have any financial or personal interest in the outcome; any existing or past financial, business, professional, family, or social relationships likely to affect impartiality; any such relationships with any party, lawyer, or potential witness; and any such relationships involving the provider’s family, employers, partners, or business associates. If relationships exist that may create an appearance of partiality but pose no obstacle to objectivity in the provider’s judgment, the provider must disclose those interests to all parties and attorneys as early as possible.
Continuing duty
Continuing duty to disclose — conflicts discovered during the proceeding must be disclosed at any stageOngoing
The obligation to consider and disclose conflicts of interest is a continuing duty. An ADR provider who has accepted an appointment must disclose at any stage of the proceeding any interests or relationships that arise, are recalled, or are discovered. The continuing duty persists throughout all stages of the proceedings and, in certain circumstances, continues even after the award has been made or the case has been resolved.
Before accepting appointment
ADR providers must accept appointments only if they can meet applicable time limitsRequired
A provider should accept an appointment to a case only if they are in a position to adhere to the specific time limits for arbitration and mediation proceedings established by the ADR rules. Accepting an appointment when the provider cannot meet the time limits violates the ethics code.
No deadline
Mediator — must withdraw if requested by any partyProcedural
In the event that a mediator is requested by any party to withdraw, the mediator must do so. An arbitrator, by contrast, need not withdraw if requested by fewer than all parties based on alleged partiality or bias, absent a showing of good cause to the contrary. If existing interests require self-disqualification, the ADR provider must recuse and notify the Director.
No deadline
Written agreement to mediate — required before mediation begins; must address fees and confidentialityRequired
A mediator must have participants sign a written agreement to mediate before the process begins. The agreement must include a description of the fee arrangement with the mediator. The written agreement should also include provisions addressing confidentiality. Mediators may not coerce a settlement or make substantive decisions for any party — the primary responsibility for resolution rests with the parties and their attorneys.
No deadline
Arbitrator communications — written communications to one party must be simultaneously copied to all othersProcedural
Whenever an arbitrator communicates in writing with one party, the arbitrator must at the same time transmit a copy to each other party and to the other arbitrators. Whenever an arbitrator receives from one party any case-related written communication not served on all other parties, the arbitrator must promptly provide it to the other parties and other arbitrators. No ex parte communication except for scheduling matters.
Legal Disclaimer: The filing deadlines and procedural rules compiled on this page are provided for general informational purposes only and do not constitute legal advice. While Lotus Appellate Law strives to keep this reference current, we cannot guarantee the accuracy, completeness, or timeliness of any information presented here. Court rules are amended periodically and without notice. Always verify deadlines and procedural requirements directly against the official Utah Rules of Appellate Procedure at utcourts.gov before relying on any information on this page. Missing a filing deadline can have serious and irreversible consequences. If you have questions about a specific matter, consult a licensed Utah attorney.