Mediation Strategy

divorce-mediationMediation can be an effective way to resolve a family law case. I have taken a basic mediation course, and have mediated cases at the Small Claims Court in Salt Lake several years ago. I have found this training and experience invaluable in participating in mediations with my clients. Generally, the idea is to try and get the parties to move to the middle by understanding each other’s perspectives.

Divorce Mediation Required

Before a case is ready for trial, the parties must participate in at least one mediation session in good faith. Good faith means that a party attends the mediation and tries to reach an agreement with the other party. Sometimes parties can arrive at a partial agreement as to some issues, and then the remaining issues can be decided by a judge at trial.

The Utah State Bar has a program called Utah Dispute Resolution which is a mediation service that is frequently used by persons of modest income. I have found UDR to be a good source to resolve cases with persons of modest means, or for that matter, any client, regardless of their finances. The mediators at UDR must be certified by the court to serve. They must also have completed a basic mediation course, understand family law, and have a certain number of hours as a mediator before being certified.

Parent Time Disputes Mediated First

Also, the Third District Court requires the parties to mediate first if they have a dispute over parent time before the party can bring a contempt action before the Court for the other party’s failure to follow a court order.

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