Request For Mediation/arbitration And Property Owner'S Statement - State Of Utah Page 4
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● The role of the Office of the Property Rights Ombudsman is to act as mediator or arbitrator in
this dispute. As such, the attorneys in the Office must remain neutral, and cannot represent you
or any party to the dispute. In their role as mediator, the staff of the Office will endeavor to help
you understand property rights law, and to assist you to reach resolution of your case.
● The information provided on this form and any attachments to this request form will be given
to the government entity involved for their response.
After the government agency has
responded, the Ombudsman will contact you to discuss the next steps.
● Mediation or arbitration occurs at the option of you as property owner. If you do not wish to
continue with mediation or arbitration after submitting this form, you may withdraw your request
at any time.
Once the Ombudsman receives this form and determines that mediation or
arbitration is appropriate, we will proceed until the matter has been finalized or until notified by
you that the request is withdrawn.
● Once the form is submitted, the Office may contact you to ask more questions, and the answers
provided will be made part of the request. In addition, more information may be needed in order
to determine if this matter is appropriate for mediation or arbitration.
● If the facts as you state them are not similar to other cases where compensation has been found
to be due to a property owner, we will contact you to clarify the matter. If it is clear that in cases
like yours Utah courts have not required payment of compensation by the government entity
involved, then we may not be able to proceed with mediation or arbitration. If that is the
decision of the Office of the Property Rights Ombudsman, you will be entitled to an explanation
of the Office’s reasoning.
● Mediation, where the result is based on a mutual settlement by both parties, is preferred to
arbitration, where a third party neutral makes a decision for the parties. Mediation is less formal,
does not involve a decision maker, and is conducted by a mediator whose role is to assist the
parties in reaching a resolution. If mediation is not appropriate and arbitration is to proceed, an
outline of those more formal procedures will be provided to you.
● You are encouraged to have an attorney assist you prepare this form and otherwise consider
your options in this matter. It is not necessary to have an attorney in order for the Ombudsman
to help you with mediation or arbitration, however.
● If you have other questions, please call us at the number below. You may also obtain more
information by consulting our website: propertyrights.utah.gov.
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Rev 4-14
Telephone: (801) 530-6391 • Facsimile (801) 530-6338 • propertyrights.utah.gov
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