When Not to Attend Mediation

Mediation in Utah divorces is not only mandatory, it’s a really good idea.

You would be amazed at how mediation can bring people together to discuss and negotiate. It’s not a perfect system, by any means, but, for the vast majority of people, it works out much better than going to court.

But this post isn’t about how successful mediation is. Instead, it’s about when you should not attend mediation.

Yes, that’s right, there are times when you shouldn’t attend mediation. I tend to think these situations are pretty limited, but they do exist. So, let’s discuss a few.

  •    When you’re emotionally compromised. If a close family member just passed, or you just had a baby, or your spouse recently abused you, you should not attend mediation. You will negotiate better and think clearer after have had time to process and recover. Give yourself that time.
  •    When you’re under the influence of alcohol or drugs. I know this might be difficult to admit, but if got nervous about mediation and drank too much (a not uncommon experience), tell your attorney. It’s much better to reschedule than it is to agree to something life-changing when you shouldn’t even be driving. (By the way, this goes for prescription medications too. If you’re prescription has made you loopy or out of it, tell your attorney.)
  •    When there has been a long history of domestic violence. There are sometimes when there is a such a power differential between a husband and wife that mediation just can’t work. A long history of repeated domestic violence is one of those sometimes. Some people simply cannot negotiate with their abuser, and that’s okay. If you can’t, let your attorney know and talk it out.

Now, there are other situations in which mediation might not be advisable, but I wanted to limit this discussion to the most common three.

If you find yourself in any of the situations discussed, please, talk with your attorney. Don’t just not show up to mediation. That’s pretty counterproductive to your relationship with your attorney. Be open and honest about things.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 930 reviews
I absolutely believe that Brown Family Law is the best divorce attorney law firm in Utah. Attorney Ray Hingson did a fantastic job for me in a complicated divorce. He was there to guide me through the entire process. Ray touched base with me every week AND every time I called with worries or concerns. He handled things confidently and professionally. He took time to meet with me and explain everything so I could understand it. I felt like he really cared and wanted to do his best for me. His paralegal, Carren Leavitt, was also extremely helpful. All I had to do was pick up the phone and call her and she arranged a time for Ray to call me right back. She was always prompt and caring. I couldn't be happier!
Anne and Josh are Fantastic!!
I couldn’t have done it without Nathaniel Garrabrandt and the Brown Family Law truly the best experience and people to work with thank you!!
Brown Family Law is likely the most outstanding Family Law office in Utah. They care deeply about each client, responds quickly to every client question and concerns. If anyone is in a situation of divorce and/or child custody, I highly recommend this office to assist you with your rights. They stand firmly behind their clients.
Response from the owner:Thank you, Craig.
I can’t say enough good things about Clay Randle and Katrina Redd. They were both incredibly professional, responsive, and knowledgeable throughout my case. Their experience and advice were invaluable, and I truly appreciated their support every step of the way.
Daniel was patient, efficient, professional, and kind. Brown Family Law was easy to work with and very competent. Highly recommend.
Muchas gracias, professionales. Me ayudaron con mi caso, gracias.
Leilani Whitmer was my attorney for mediation day at the provo 4th district court on May 9th and absolutely knocked it out of the park. She made the process so smooth and easy I'd recommend her for any family law issue you could possibly fathom.
Clay Randle is absolutely amazing, well educated, knowledgeable lawyer. He’s approached, always makes sure you’re on the top of the situation and very helpful. I’ve had a pleasure working with him and I recommend him as your top notch attorney.
Brown Family Law has been wonderful to work with! Extremely knowledgeable and professional. Clay went the extra effort in everything he did for us. Couldn’t be more pleased!! I highly recommend their services.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories