Is Mediation Right for My Divorce Case?

Litigation isn’t the only way you can legally end a marriage. Divorce mediation in Utah is a form of alternative dispute resolution that can allow you to part ways with your spouse peacefully, cost-effectively, and privately. While there are many benefits to mediation — and at least one session is required by Utah courts in contested matters — it may not be right for every case. A skillful divorce attorney can evaluate your situation and help you determine whether resolving your case in mediation is a good fit for you and your spouse.

What is Divorce Mediation?

Divorce mediation is an alternative to litigation that can be used to settle the issues that must be determined in divorce, including property division, child custody, child support, debt division, and alimony. The process uses a third party, called a mediator, who helps to facilitate communication between the parties and assists them with negotiating an agreement. The mediator does not take sides or provide legal advice — their role is to guide the parties through discussions.

In contrast with litigation, mediation is a non-adversarial process. Both spouses participate in finding solutions. Rather than allow a judge to rule on the issues in the case, the parties are empowered to decide the matters that will impact them for years to come between themselves.

What are the Benefits of Divorce Mediation in Utah?

There are many advantages to using divorce mediation in Utah. Not only can it save time and money that would otherwise be spent on litigation, but the process is typically less stressful than going to court. You and your spouse may also be more satisfied with the agreement that is reached in mediation than if you were to let a judge decide the outcome.

Other benefits of divorce mediation include:

• Cost-effectiveness — Mediation avoids the significant expense of litigation, court costs, and the attorney fees associated with multiple court appearances.
• Efficiency — Depending on the complexity of the case and the number of issues that need to be resolved, mediation can resolve a divorce in just a few sessions.
• Confidentiality — Unlike litigation, which takes place in a public courtroom, mediation is private. Everything that is said in mediation is confidential and does not become part of the public record.
• Flexibility — Mediation allows spouses to tailor the process to the specific circumstances in their case.
• Amicability — Since mediation is non-adversarial, it can help ensure spouses remain amicable. This is essential if spouses must preserve their co-parenting relationship.
• Control — Mediation promotes a collaborative approach. The spouses remain in control of the process of their divorce and play an active role in decision-making.

Spouses can often find creative solutions in mediation that would not be available in the courtroom. It also gives co-parents the opportunity to put the best interests of the children first and foremost by allowing them to prioritize their children’s needs.

Is Mediation Right for My Case?

Mediation may be right for your case if you and your spouse are willing to work toward a compromise. The process is not about who “wins” or “loses” — both parties must be prepared to make concessions to reach a resolution. Divorce mediation in Utah works best when spouses are willing to communicate openly and negotiate in good faith. Mediation requires a willingness to focus on the future, rather than the conflict that led to the divorce.

If either spouse is confrontational or unwilling to find middle ground, mediation can be much more challenging. However, not every issue in your divorce case needs to be resolved in mediation in order for the process to be deemed successful. Even if an agreement can only be reached concerning some of the issues that need to be decided, you would still be saving time, money, and energy that would have been spent litigating the entire case in court.

When is Divorce Mediation More Challenging?

Divorce mediation in Utah can be an efficient and cost-effective way to resolve the issues in most cases. In fact, under Utah Code Section 30-3-39, the parties are generally required to participate in at least one mediation session in a contested matter. Nevertheless, there are certain situations in which mediation may be more challenging.

If there is a significant power imbalance in the marriage or domestic violence has been an issue, litigation can offer additional protection to the spouse who needs it. Critically, mediation relies on transparency and open communication — the process may be inappropriate in cases where there are concerns of hidden assets and discovery is necessary to uncover them. Either party may request to excuse the mediation requirement, but they must show “good cause.” While every situation is different, mediation may be excused in situations where a party does not feel safe or able to express themselves fully.

Notably, with mandatory mediation, the parties do not have to negotiate in the same room. Each spouse is in a separate room with their attorney. Mediation is often done virtually, but it can also be done in-person if either party or their attorneys prefer. This can help to reduce some of the conflict and tension that could arise.

If either party is unwilling to compromise, or communications breakdown, it is unlikely that mediation will be successful. Although the first session is required by the court, mediation is voluntary and spouses have the option to end the process at any time. If mediation fails, the spouses can pursue other options to resolve any issues that were not settled during the sessions.

Contact an Experienced Utah Divorce Attorney

If you would like to learn more about divorce mediation in Utah, it’s best to speak with a knowledgeable divorce attorney. Based in Salt Lake City, BartonWood provides compassionate counsel and trusted representation to clients for a wide variety of divorce and family law issues whether they are mediating or litigating their cases. To learn more about our legal services and how we can assist you, call 801-326-8300 or contact us to schedule a consultation.