What is the Mediation Process for Family Law and Divorce?

Not every family law matter or divorce case needs to be litigated in the courtroom. Mediation is a form of alternative dispute resolution that can allow the parties to settle their cases amicably, respectfully, and efficiently without judicial intervention. It can also help avoid the cost that is often associated with litigation. If you are parting ways with your spouse or facing a child custody dispute, it’s important to understand what the family law and divorce mediation process entails, and whether it may be a good option in your case.

Key Takeaways

• Mediation is a form of alternative dispute resolution that allows parties to resolve family law and divorce matters efficiently and cost-effectively.
• Utah law requires at least one mediation session be attempted in most divorce cases.
• Mediation sessions are non-adversarial and guided by a mediator who helps the parties find creative solutions.

What is Mediation?

Mediation is a non-adversarial process that allows parties to resolve their disputes in a safe and neutral environment. Mediation sessions are guided by a neutral third party (called a mediator) who helps facilitate healthy communication and promotes cooperation. Although the mediator cannot make decisions in the case, they can ensure both parties feel heard when negotiating an agreement.

Some of the benefits of family law and divorce mediation can include the following:

• Cost-effectiveness: Since mediation is often faster and there is less conflict than in litigation, it is typically more cost-effective.
• Efficiency: In contrast with litigation, which can be lengthy and time-consuming, parties can schedule mediation sessions at their own convenience. WIth mediation, there is no need to rely on the court’s calendar. The parties can resolve their disputes in as little as a few sessions, depending on the complexity of the issues that must be settled.
• Confidentiality: Nothing that is said in family law or divorce mediation becomes part of the public record, unlike in litigation, which takes place in an open courtroom.
• Amicability: Mediation allows spouses to resolve the issues that need to be determined in a peaceful manner, which can help promote amicability. This can be particularly important when a couple shares children and will be co-parenting.
• Less stress: Mediation takes place in a safe environment where the parties are encouraged to work together. While the process can help to reduce conflict between the parties, there is often less stress involved.
• Flexibility: With mediation, the parties remain in control of the outcome of their case and can create a customized agreement that meets the needs of their family.

Mediation is also child-centered. It empowers parents to make decisions that are in the best interests of their children and encourages a positive co-parenting relationship. Importantly, mediation can provide the parties with the communication tools they need to resolve future disputes that arise, and help them avoid litigation.

Is Mediation Required in Utah?

Couples can voluntarily begin the mediation process before they file for divorce or while their case is ongoing. In fact, judges encourage the parties in a divorce or family law matter to resolve the issues that must be determined in their case between themselves. Even if just a few issues are resolved in mediation, and the rest must be litigated, the process is deemed successful.

Critically, Utah law requires mediation for parentage matters and all contested issues in divorce cases before proceeding to trial. However, if there are safety concerns or other good cause exists, the court may waive this requirement. The parties select a mediator from the court’s roster and split the costs of the mediator’s fees. At least one session must be attended.

How Does Family Law and Divorce Mediation Process Work?

The mediation process begins with both parties selecting a mediator. The parties would then meet with their attorneys to prepare for the process. While full financial disclosure must be made regardless of whether a divorce is mediated or litigated, preparation typically involves gathering the necessary financial information and other documents. Each party can discuss their objectives for mediation with their attorney, who will ensure their legal rights and financial interests are protected throughout the process.

At the first mediation session, the mediator meets with the parties and their counsel to explain the rules and procedures. During the sessions, the mediator assists with identifying the issues that need to be settled. Some of the issues that can be resolved in family law and divorce mediation include:

• Property division
• Debt allocation
• Child custody
• Child support
• Alimony/spousal support

The focus of family law and divorce mediation is finding a mutually acceptable resolution for all parties. The mediator does not take sides or render rulings. However, they can help the parties find creative solutions that might not be available in the courtroom. Once a resolution is reached, it can be drafted into a written settlement agreement and submitted to the court to become a binding order.

Contact an Experienced Utah Divorce and Family Law Attorney

If you are considering family law or divorce mediation, it’s essential to have a skillful attorney who can provide you with the legal counsel you need during the process. Based in Salt Lake City, BartonWood offers compassionate counsel and trusted representation to clients for a wide variety of divorce and family law issues. Contact us online or call 801-326-8300 to schedule a consultation and learn how we can help.