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.
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.