What is mediation? Mediation is a voluntary, confidential process where a neutral third party helps people in conflict communicate effectively and reach mutually agreeable solutions. It’s collaborative, flexible, and often more peaceful and cost-effective than going to court.
What does a mediator do? A mediator is a neutral third party who helps people in conflict communicate effectively and reach mutually acceptable agreements. They guide the process without taking sides, focusing on collaboration, clarity, and resolution.
Can I bring someone with me? Yes. In Utah, you are allowed one support person with you at mediation. If you have an attorney, your attorney acts as your “support” person. If you want to bring additional people, both parties must agree to their presence. When requesting additional people, please consider whether their presence will be helpful to the discussion. Please do not bring children to mediation.
Is mediation confidential? Yes. The mediation process is confidential in that the mediator will not disclose anything regarding your discussions during or after the mediation. Discussions within mediation are also considered confidential. Please be aware that mediators are legally obligated to report any instances of child abuse, abuse involving elderly or incapacitated individuals, and threats of physical harm. Confidentiality does not extend to these instances.
Do I need an attorney? No. You are not required to have an attorney to participate in mediation. However, if you choose to involve one, their presence is entirely up to you and is welcome. Each party may decide whether to have their attorney attend the session or be available by phone. Having legal counsel present or accessible during mediation can be helpful for addressing legal questions and supporting the development of a well-informed agreement.
Frequently Asked Questions
Is mediation required? Yes and no. In the case of divorce, "when an answer is filed in response to a divorce complaint (petition), all remaining contested issues are referred to mediation. Parties are required to participate in at least one session of mediation and attempt to resolve the issues in dispute. Parties must participate in mediation before the case can move forward in the court system, unless they are excused from the mediation requirement for good cause. This requirement does not preclude the entry of pretrial (temporary) orders" (Utah State Courts). https://www.utcourts.gov/en/about/miscellaneous/mediation/divmed.html
Do I have to see the other party? No. You can request to be in separate rooms the whole mediation.
General Questions
Do I need to sign anything before mediation? Yes. You will be asked to sign the mediator’s Agreement to Mediate, which affirms your willingness to participate in the session, that you agree to the confidentiality clause, and that you will pay the fees associated. The mediator will send this prior to the session.
Do I have to prepare any documents before mediation? It is helpful to be prepared before coming to mediation. Come prepared with any financial, health, or other documents that will assist in the mediation process. Helpful documents to bring: financial documents, two years of tax returns, current credit card statements, pay stubs from past 12 months, retirement account statements, other asset or debt information.
When should I start the mediation process? "Parties should select and contact a mediator within 15 days of the contested answer being filed with the Court. The parties will then work with the mediator to decide when mediation sessions should begin but are asked to begin the process within 45 days" (Utah State Courts). https://www.utcourts.gov/en/about/miscellaneous/mediation/divmed/faq.html
Questions Before Mediation
How long does mediation take? The length and number of mediation sessions depends largely on the circumstances of your case. Divorce cases typically take anywhere from 4 to 12 hours depending on the issues to be addressed. When parties come prepared, it can significantly reduce the time needed. Non-divorce cases typically range from 1-4 hours. Additional sessions can be scheduled if more time is needed to resolve the matters.
Can I cancel my mediation session? Yes. There is not a fee for canceling or rescheduling mediation if you provide at least 1 business day notice to the mediator. If a party cancels less than 24 hours prior to the appointment or doesn’t show up to the session, there will be a fee equal to 1 hour of mediation.
Why do you charge less when attorneys are present? Fees are lower when an attorney is present to help keep costs down for the client and because the attorney present will draft any documents created during the mediation.
Who pays the mediation fee? Both parties will equally split the mediation fee unless the parties come to another mutually agreed upon arrangement. Fees are due at the end of the session.
Didn't see your question?
Questions about Services
How do I pay? Payment can be made via credit card (a fee will be charged for credit cards)or Venmo. If meeting in person, cash or checks are also accepted.