Mediation

As of May 2, 2005, Utah law requires that parties to all contested divorces participate in divorce mediation (see HB4). Mediation often provides faster, more satisfactory results, than litigation.  Further, it can be done with greater cooperation and less contention, and at lower cost to both parties.

Mediation is an informal, voluntary process.  The mediator, who has been trained in facilitation and negotiation techniques, helps the parties to reach a mutually acceptable conclusion. What distinguishes mediation from litigation in court is that the mediator does not impose a solution on the parties, but rather assists the parties to create their own understanding. Mediated agreements often include unique solutions tailored to specific situations that are not available in litigation through the court system.

The process of divorce mediation is flexible and creative, varying with the needs of the parties involved and the methods used by the mediator. The parties may meet face to face to discuss the issues involved or in private caucus, physically separated from the other party.  The parties may use private caucuses with the mediator to convey messages, clarify a position, ask questions and tender offers and counter offers to the other party. Mediation is non-binding unless both parties agree to a settlement in writing.