2006 Utah Code - 54-8a-8.5 — Alternative dispute resolution.

     54-8a-8.5.   Alternative dispute resolution.
     (1) An association formed under Section 54-8a-9 shall make available an alternative dispute resolution program to resolve disputes arising from damage to underground facilities between:
     (a) an operator;
     (b) an owner;
     (c) an excavator; or
     (d) other interested party.
     (2) The alternative dispute program created under this section is in addition to the ability of a party to bring a civil action under Section 54-8a-8.
     (3) The alternative dispute resolution program shall:
     (a) include mediation and arbitration;
     (b) require that one or more appointed mediators or arbitrators decide:
     (i) the issue of liability for any reimbursement; and
     (ii) the amount of reimbursement; and
     (c) shall be consistent with Title 78, Chapter 31a, Utah Uniform Arbitration Act.
     (4) Nothing in this section shall be construed to change the basis for civil liability for damages.

Amended by Chapter 90, 2004 General Session