When couples in Utah decide to end their marriage, the court may order them to participate in mediation to resolve their disputes rather than going to court. Divorce mediation is a process where the couple meets with a neutral third party, called a mediator, to discuss and come to an agreement on issues such as property division, child custody, and support. Mediation can save both parties time, money, and emotional distress, but it requires preparation, cooperation, and open communication. Below is a guide to help you understand Utah’s divorce mediation process.
When to Consider Mediation
Mediation may be appropriate in divorce cases where the couple is willing to negotiate and resolve their issues cooperatively, and where there is no history of domestic violence, abuse, or power imbalance that may prevent one party from speaking up. Even if a couple is able to agree on some issues, they may still need mediation to finalize their separation agreement and avoid court intervention.
Court-Ordered Mediation
In Utah, mediation is mandatory in contested divorce cases where the parties cannot reach an agreement on their own, and even in some uncontested cases where there are minor children involved. The court may appoint a mediator or allow the parties to choose their own mediator from a list of qualified professionals in their area. The parties are usually responsible for paying the mediator’s fees, which can range from $50 to $300 per hour, depending on their income and financial situation.
Preparing for Mediation
Before attending mediation, both parties should gather all relevant information and documents regarding their assets, debts, income, and expenses. This may include bank statements, tax returns, credit card statements, retirement plans, valuations of property, and other financial records. The more information both parties have, the easier it will be to negotiate and come to an agreement.
The Mediation Session
During the mediation session, the mediator will meet with both parties together or separately to discuss the issues and interests at stake. The mediator will listen to each party’s perspective and help them communicate effectively and respectfully. The mediator will not make decisions for the couple or provide legal advice, but rather facilitate a discussion that leads to a mutually acceptable agreement.
Reaching an Agreement
If the parties come to an agreement, the mediator will draft a memorandum of understanding that summarizes the terms of the agreement and is signed by both parties. The memorandum of understanding is not legally binding but can be incorporated into a separation agreement that is filed with the court and made enforceable as a court order. The parties may also choose to have their own attorneys review the agreement before signing it.
Failing to Reach an Agreement
If the parties are unable to reach an agreement in mediation, they may need to resort to litigation or other forms of dispute resolution. However, even if the parties do not agree on everything, mediation may still help to narrow down the issues and identify areas of agreement that can be presented to the court.
Follow-Up
After the mediation session, both parties should follow up on any tasks or action steps that were agreed on, such as transferring property or paying debts. It is important for both parties to respect the terms of the agreement, as violating them can result in legal consequences.
Conclusion
Divorce mediation is a valuable alternative to traditional litigation in Utah, as it allows couples to resolve their disputes amicably and avoid the emotional and financial costs of a court battle. Mediation requires both parties to come to the table willing to negotiate and cooperate, but with the help of a skilled mediator, they can reach a mutually acceptable agreement that preserves their dignity and respect. If you are considering divorce mediation or have been ordered to do so, consult with an experienced family law attorney to guide you through the process.