mediation Archives - Ogden Divorce Lawyer

What to Expect from Mediation

Todd Peterson — Wed, 14 May 2014 19:18:37 +0000

In Utah, mediation is required before a court will allow a divorcing couple to set a trial date. Due to this statutory requirement it is a good idea for individuals to prepare themselves for the possibility of mediation in their divorce and what they should expect. Along with mediation being required by law it is also usually a really good idea for divorcing parties because it helps people come to a settlement instead of wasting time and money to fight over things in court. That being said there are plenty of cases where the parties simply cannot come to an agreement; whether that be for justified reasons because the parties simply have different views of what is in the best interest of the child or because one of the parties simply won’t budge.

The Basics of Mediation

Mediation is a fairly simply process but if done correctly it can have very rewarding results. The parties are separated into different rooms and a trained mediator goes back and forth between the rooms attempting to facilitate negotiation. If the parties have attorneys then they can have their attorney in the room with them to help them understand their options and what the possible outcomes could be if they decide to go to trial instead of settling. If the parties come to an agreement then they will sign a stipulation and settlement agreement at the end of mediation that will ultimately be filed with the court. One of the important things to remember, however, about mediation is that the only thing that ultimately matters about the process is what is written in that stipulation and settlement agreement. The parties will discuss a bunch of different things and possible scenarios but in the end none of it is worth anything unless it is written down in the paperwork that is signed by both parties.

Northern Utah Divorce Attorney – Getting Help with Mediation

If you are thinking about divorce or are already involved in the process then call the attorneys at Ogden Divorce Law to get help with your case. We can help you prepare for and go through mediation and we can help you defend your rights in the process. Call or email us today to find out more.

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Property Division at Mediation

Todd Peterson — Tue, 04 Feb 2014 19:52:24 +0000

One of the biggest issues in divorce is money and property and understandably so, as people split up they have to start thinking about how they are going to make it on their own. While everyone characterizes property division as a vindictive process of “taking every penny” or something along those lines, the reality is much different, both in purpose and outcome. While people may start out looking for revenge or to “stick it” to their ex, after a couple months of living on their own they realize their need for a stable income and their stuff.

What to Expect at Mediation

When it comes to mediation one of the scenarios that lends itself best to reaching a settlement is when the parties are only fighting over property and finances. That being said reaching a settlement is never easy and the parties should normally not expect to just be in and out at the mediation. The baseline for what a person should expect when going into mediation, in regards to property division, is that the marital estate will more or less be split in half and given 50% to each party. This doesn’t necessarily mean that everything must be sold but that is often an important option, especially when it comes to real estate.

Ogden Family Law Attorney | Getting Help for Mediation

If you are thinking about getting divorced or are already in the process of divorce and need to move toward mediation then call the lawyers at Ogden Divorce Law. Our attorneys have represented hundreds of clients in their divorce and mediation process and we can help calm your feels and protect your rights as you work towards a resolutions to your case. Call or email us today to find out more about how we can help you in your divorce.

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Utah’s Temporary Orders Process

Todd Peterson — Tue, 05 Nov 2013 15:39:49 +0000

Temporary Orders are exactly what they sound like, orders from the court that are temporary. They show up in divorce cases because highly contested divorces can take a very long time to resolve and so it’s important that there are rules for the parties to follow during the divorce. Temporary Orders end when another order from the court is entered, such as the divorce decree. In some situations temp orders may only last a month or two because the parties get into mediation and resolve the case. Other times temp orders last for years while the parties continue to fight over every issue of the case. Due to the uncertainty in relation to how long the divorce could last it is important to fight for good temp orders that you can live with for a long time even if you think your case is going to be over soon.

Motion and Hearing for Temporary Orders

Temporary orders are conducted through motion practice before a commissioner and what this means is that one party must motion the court for temporary orders and then a hearing must be held to decide that motion. If there are financial issues at stake such as child support or child custody then a copy of the parties financial declaration must also be submitted to the court. The usual procedure is that one party will file a motion and a supporting declaration with the court asking for the things they want to be enforced during the divorce, such as child support, child custody, alimony, and temporary property distribution. The opposing party also has the opportunity to respond to that motion as well as file their own requests for temporary orders. Then at the hearing the parties have the opportunity to argue for those things they asked for and then await the commissioners decision. In a lot of situations the parties can reach an agreement before the hearing and simply enter their agreement on the record with the commissioner.

Ogden Divorce Attorney | Family Law Representation in Northern Utah

Ogden Divorce works in all areas of Northern Utah and we can help you in your divorce case no matter the circumstances. Temporary orders can be extremely important in some cases and unnecessary in others so contact us today and we can help you figure out what is best in your case. We offer free consultations so don’t hesitate to call.

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What to Expect at Mediation

Todd Peterson — Fri, 18 Oct 2013 14:47:28 +0000

In Utah the courts require divorcing parties to attend a mediation prior to taking their divorce case to trial. This requirement is meant to alleviate the caseload of the overcrowded courts by weeding out cases that can be settled without needing a trial or the court to weigh in on all the issues. Due to this requirement a lot of Utahn’s will have to face the mediation process at some point so this post will discuss what happens in mediation and what to expect in yours.

Mediation FAQs

Will I have to see my spouse?

No. Some people envision mediation as a classic negotiation scenario where the parties are sitting across from each other at a table haggling over each issue of the deal. Divorces are very emotional scenarios and it is usually a very bad idea to get the parties in the same room arguing about the issues of their divorce. The mediation process is conducted with the parties in separate rooms, with their attorneys, if they have hired one. The mediator goes back and forth between the parties trying to facilitate a deal.

Does the mediator tell the party everything I tell him/her?

Usually not. The job of the mediator is to try and feel out what each party is comfortable with and what deal they would accept. After determining where each party sits in regards to each issue then they will try and work with each side to get them to meet in the middle.

Who pays the mediator?

Both parties pay the mediator and will split the fee 50/50. The mediator is an impartial third party so it is important to maintain that impartiality and make sure the mediator has no incentive to favor one party over the other.

What if we can’t reach an agreement?

Mediation is not always successful so in those situations when the parties are just too far apart on the issues the mediator may try and get the parties to agree on some issues and sign a partial agreement and take the other issues to trial. Or the parties may simply decide that if they are going to trial on some issues they might as well take all the issues before the judge.

Ogden Divorce Attorney | Aiding you in Mediation

If you have more questions about mediation then call Ogden Divorce Lawyer today. Our attorneys work hard to help their clients make decisions that will benefit them in the long run and help save them time and money in the short run. So call or email us today to find out more.

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Utah’s Mediation Requirement

Todd Peterson — Wed, 17 Jul 2013 17:36:52 +0000

Married couples who fight a lot often throw around statements like “I’ll take every cent you have” or “You’re not getting anything in the divorce” and while these statements carry good dramatic effect they are entirely unfounded and will almost never actually come to pass. The reality is that most divorce cases settle, meaning that eventually the parties decide to compromise and do what’s best for them, their children, and their futures; instead of fighting to the end and making the judge make the final decision. This huge turnaround from yelling threats to calmly sitting at the negotiation table is usually brought about by the help of attorney’s and mediators. Mediation is a great idea in any divorce because it allows the parties to save time and money by reaching an agreement as to property division, child custody, visitation, alimony and more.

Mediation Before Judgment

While mediation is often a good idea no matter what state you’re in, in Utah it’s not only a good idea but a requirement. Before your can take your divorce case to trial before the judge you have to have participated in mediation and at least attempted to settle your divorce amicably before you argue it to a judge. In most cases the parties realize that going to trial carries a lot of uncertainty and risk that they can avoid by compromising a little on property division, child custody, and other disputed topics. The mediation process is fairly simply and involves the parties and their lawyers sitting down with a third party mediator who does not represent either side but helps each side negotiation a settlement that both parties can live with.

Ogden Divorce Attorney | Representing you in Your Mediation

If you are getting divorce or thinking about getting divorced then its a good idea to talk to an attorney first to help you with your expectations and help you understand the process. The attorney’s at Ogden Divorce Law have helped hundreds of clients in their divorce and we know how to help you understand your options and help you defend your rights based on your decisions. Call or email us to get more info on how we can help you in your divorce and your mediation.

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