This form is a Private Dispute Resolution Clause usable to compel negotiation and mediation prior to arbitration or litigation in contracts where licensing, patents, or commercial trade secrets are a factor.
Utah Private Dispute Resolution Clause
State:
Multi-State
Control #:
US-TS10042B
Format:
Word;
PDF;
Rich Text
Instant download
Description
How to fill out Private Dispute Resolution Clause?
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FAQ
The plan must state the amount of notice that the relocating parent will give and the changes in parent-time, such as who will pay for the child's travel and how the parent-time schedule might change. When one or both parents are or become servicemembers, additional provisions may be required.
Utah Code Section 30-3-39 requires parties in a divorce to participate in a least one session of mediation if the respondent files an answer. For more information about mandatory mediation, see our page on Divorce Mediation.
What is the requirement? Beginning on any time an answer to a divorce complaint is filed which includes contested issues, the parties shall participate in good faith in at least one session of mediation.
An arbitration award can then be confirmed and entered as a judgment into a court. After the court enters judgment, the award can be enforced just as any other court judgment, including garnishment of financial accounts and seizure of assets.
The parties agree that any claim or dispute relating to this agreement, as well as any other matters, disputes, or claims between them, shall first be Mediated and/or Arbitrated in an attempt to resolve any and all issues. Initially, the parties agree to consider mediating the dispute.
The use of counseling, mediation, and education services provided under this chapter may not be construed as condoning the acts that may constitute grounds for divorce on the part of either spouse nor of promoting divorce.
Article I, Section 18 [Attainder -- Ex post facto laws -- Impairing contracts.] No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be passed.
A decree of divorce may not be granted upon default or otherwise except upon legal evidence taken in the cause.
