Utah courts require couples who are seeking a divorce to go through mediation. In this post, we will briefly explain what mediation is and its role in divorce.
What is mediation?
Mediation is a way of resolving disputes without going through trial. The process relies on a neutral third party, known as the mediator, to facilitate negotiations between the parties. Each party is represented by their own attorney, or a party can represent themselves if they do not have an attorney. Unlike a judge or commissioner, a mediator does not make any decisions in the case. Instead, the mediator’s job is to help the two sides come to an agreement. If successful, the two sides can write up their agreement, sign it, and submit it for approval by the court.
There are many advantages to mediation. Compared to going to trial, mediation is faster and significantly less expensive. It also has some important emotional benefits. It gives the parties a better sense of control over their outcomes compared to letting a court decide how to divide their property, allocate parent-time, and other important issues.
Perhaps most importantly, mediation tends to reduce the animosity between the parties that so often accompanies any action in the adversarial court system. This can be especially valuable in cases where the couple has young children.
Those who are considering divorce can speak with a skilled attorney about their options, including mediation. Please call Kristopher K. Greenwood & Associates at 801-475-8800 for a free consultation.