What is Mediation?

If you were to ask me my honest assessment of mediation, I’d say this: mediation is horse trading. It’s where you go to wheel and deal to get an agreement made. Now, there’s much more to it than that, but at the end of things, mediation is all about negotiating anything and everything until you get a deal you can live with so you don’t have to go to trial.

Now that I’ve given you my practical assessment, let’s discuss mediation in more lawyerly terms.

Mediation is an alternative dispute resolution process, and is mandatory in divorce cases in many parts of Utah. Mediation in contested divorce cases is required by specific rule in Salt Lake and the surrounding counties.

While the Court might order mediation, mediation is ultimately a voluntary process based on good-faith negotiation. The parties come together (usually not in the same room; that’s just awkward), and with the help of a mediator, discuss their situation and negotiate toward a settlement everyone can live with.

All aspects of divorce are negotiated during mediation: children, money, property, etc.

The mediator is a neutral third-party and not a judge. He or she does not hear evidence or testimony and render a decision as a judge would. Instead, the mediator listens to the parties and helps facilitate communication in order to negotiate a settlement based on their particular circumstances.

Attorneys are usually there during mediations (1) to ensure the parties negotiate effectively, and (2) to ensure the parties’ rights are safeguarded. Other people may attend (e.g., new spouses, significant others, parents), but many times — if not most — their presence is counterproductive. Too many cooks in the kitchen makes for bad food.

If mediation is successful, you’ll sign a settlement agreement. If you sign an agreement during mediation, you have to assume you will be bound by that agreement. Attempting to change a signed mediated settlement after you have agreed to it in writing is very, very difficult. Usually, forcing the change of a mediated settlement can only be done if the other person committed some sort of fraud, and you would need to go to court to force any change. Of course, this applies to the other side as well, which means if you don’t want to change a mediated settlement, your soon-to-be-ex can’t make you.

Mediation is confidential.

This means what is said during mediation cannot later be used in court, and the mediator cannot be forced to testify. Mediation is confidential because the courts want the parties to speak and negotiate as freely as possible.

Plan on at least four hours for mediation, although it may take longer. Sometimes mediations only last two to three hours, but mediations that short usually aren’t successful.

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Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.
I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.
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Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.
I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!
Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.
Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.
This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.
Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.
This law firm went above and beyond for me and my case. I would highly recommend them to anyone needing a good lawyer for custody issues.
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