§ 78B-10-109. Mediator's disclosure of conflicts of interest -- Background.

(1) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (a) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and (b) disclose any known fact to the mediation parties as soon as practical before accepting a mediation. (2) If a mediator learns any fact described in Subsection (1)(a) after accepting a mediation, the mediator shall disclose it as soon as practicable. (3) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute. (4) Subsections (1), (2), (3), and (6) do not apply to an individual acting as a judge or ombudsman. (5) This chapter does not require that a mediator have a special qualification by background or profession. (6) A mediator must be impartial, unless after disclosure of the facts required in Subsections (1) and (2) to be disclosed, the parties agree otherwise.