How to Divorce -- Mediation

MEDIATION

Utah law requires that the parties in a contested case attend at least one session of mediation to try and resolve their differences. 

What is Mediation?

            Mediation is a dispute resolution method that allows the parties to tray and resolve their disputes rather than waiting for the judge to decide.  It is the process whereby the parties meet with a trained mediator who attempts to help the parties in reaching an agreement.  The mediator tries to facilitate an agreement, but does not force either party to agree.  In short, both parties should make a good-faith attempt to agree on issues of the marriage, including custodial arrangements or property division, for example.  Neither party, however, should feel that the “agreement” was forced upon him/her.  If it is not possible to reach an agreement, another form of resolution, such as trial, is used.

Who is the Mediator?

            Most mediators are attorneys who have significant experience in divorce matters.  Other mediators have either social work or psychology training.  Many are highly skilled professionals with substantial experience in the field.  The parties typically proffer several mediators to be used and try to agree on a mediator.  Mediators charge different rates for their services and this may factor in the decision.  A typical rate is between $100 to $200 per hour with the parties splitting the costs.  Some mediators will require you to sign a document outlining the basic rules of their mediation. 

What is the Length of Mediation?

            Mediation typically occurs in one meeting generally lasting from two to four hours.  Most mediators schedule morning (9:00 a.m.) and afternoon sessions (1:00 p.m.).  The duration depends upon the progress, the cooperative spirit (or lack of it) exhibited by the parties, the desires of the parties to keep trying, and many other factors. 

 The Attorney's Role in Mediation

            The attorney will typically meet with you before the mediation session starts to discuss legal rights and strategy.  Most attorney's attend the mediation with the client, but the client can choose not to have the attorney present.  If your attorney is not there, you should provide him/her with reports and updates from you as the mediation progresses.  This helps him/her to continue to advise you of the legal ramifications of any agreements you seek to reach. DO NOT SIGN ANYTHING AT THE MEDIATION WITHOUT HAVING SPOKEN TO YOUR ATTORNEY FIRST.

           

            As with every issue and factor in a divorce, each case progresses differently through mediation and each requires specialized and sophisticated responses to the process.