Those who are at war with others are not at peace with themselves.
- William Hazlitt
Below are some of the most common questions people ask about mediation.
Wondering about something that's not covered here?
Give us a call at 801.344.2600 or Click Here to email us!
Wondering about something that's not covered here?
Give us a call at 801.344.2600 or Click Here to email us!
what is mediation? how is it different from going to court ?
A courtroom is a highly formal environment where parties and attorneys present their arguments to a judge, who then decides what will happen. Often, people are disappointed by a judge's ruling, despite the judge's best efforts to apply the law fairly.
Mediation, on the other hand, is an informal and relaxed environment where the parties themselves are in charge of the outcome. The mediator does not make any decisions for you, does not give legal advice, and will never pressure you to do something you don't want to.
Mediation, on the other hand, is an informal and relaxed environment where the parties themselves are in charge of the outcome. The mediator does not make any decisions for you, does not give legal advice, and will never pressure you to do something you don't want to.
DO I HAVE TO SEE THE OTHER PERSON OR BE IN THE SAME ROOM WITH THEM ?
Not if you don't want to! It is of the utmost importance that you feel safe and comfortable throughout the mediation process. Before the date of mediation, we will discuss any concerns or preferences you have about this, and will make the proper arrangements to ensure your requirements are met.
can i bring a family member or friend with me ?
Yes! You are welcome to have someone of your choosing attend, so long as the other party to the dispute does not object. This can be a great source of personal and emotional support as you make decisions during mediation. Please note that this person will be required to sign the Agreement to Mediate and to observe the rules of confidentiality and decorum.
DO I NEED to have an attorney present ?
No, you are not required to hire an attorney to participate in mediation. This is called being "pro se," or representing yourself. We specialize in assisting pro se parties with a mediated divorce from start to finish.
However, attorneys are always welcome and can provide you with valuable legal advice and counsel. We are happy to work with you regardless of whether you, or the other party, have an attorney.
However, attorneys are always welcome and can provide you with valuable legal advice and counsel. We are happy to work with you regardless of whether you, or the other party, have an attorney.
HOW LONG DOES IT TAKE ?
Because it's a voluntary process, mediation can last anywhere from a few minutes to a full day. On average, though, most mediations take 3-4 hours.
HOW MUCH DOES IT COST ?
Mediations are billed at an hourly rate of $250. Usually, the parties each pay for 1/2 of the total cost, although other arrangements can be made if desired. A 2-hour minimum applies to all mediations.
For parties without attorneys, a complete set of court papers required to finalize their agreement can be provided for an additional flat fee. This varies in price depending on the nature and complexity of the underlying case.
For parties without attorneys, a complete set of court papers required to finalize their agreement can be provided for an additional flat fee. This varies in price depending on the nature and complexity of the underlying case.
WHAT FORMS OF PAYMENT DO YOU ACCEPT ?
All major credit cards and Venmo are accepted. Cash is accepted for in-person mediations only.
WHERE DOES MEDIATION TAKE PLACE ?
We provide flexible options for whatever suits the parties' needs. Most people prefer the convenience of online mediations, but we can also travel to an attorney's office for a nominal fee.
WHAT DO I NEED TO BRING WITH ME ?
You can find lists of helpful documentation to have ready on our Resources page.
HOW DO I SCHEDULE MEDIATION ?
The fastest method is to use our online booking tool, which can be accessed by clicking the button below. You can also call us at 801.344.2600 or email us by clicking HERE.
is mediation confidential ?
Absolutely! All matters discussed are kept in the strictest confidence by the mediator. No recording of any kind is allowed, and the mediator's notes are shredded when the case is finished. Everyone in attendance also agrees not to talk about what goes on during mediation with any third parties.
Please note, there are some specific exceptions to this required by law. Any disclosures made during mediation of child abuse, abuse of an elderly or incapacitated person, threats to cause physical harm, or certain computer crimes, must be reported to law enforcement by the mediator.
Please note, there are some specific exceptions to this required by law. Any disclosures made during mediation of child abuse, abuse of an elderly or incapacitated person, threats to cause physical harm, or certain computer crimes, must be reported to law enforcement by the mediator.
are mediated agreements legally binding ?
If properly signed by all parties to the case, then a written agreement (called a "Stipulation") is legally binding. However, a Stipulation is not the same as a Court Order and may not be enforceable in the same way. Only a commissioner or judge has the authority to make Orders.
If there are attorneys involved, he or she will prepare the necessary documents to obtain an Order based on the terms of your Stipulation. If the parties are unrepresented ("pro se"), we can prepare the documents needed for a flat fee. This optional service will be explained in more detail during the mediation session.
If there are attorneys involved, he or she will prepare the necessary documents to obtain an Order based on the terms of your Stipulation. If the parties are unrepresented ("pro se"), we can prepare the documents needed for a flat fee. This optional service will be explained in more detail during the mediation session.
what if we run out of time ?
No problem! If the scheduled length of time turns out not to be enough, we will schedule a follow-up session for whatever date works best for you.
WE REACHED AN AGREEMENT - NOW WHAT ?
Great! You've been able to overcome your differences and come up with a workable solution. The next step is for someone to prepare the necessary documents to implement the terms of your agreement. This can be done by either party's attorney, or for unrepresented ("pro se") parties, we can provide this service for an additional flat fee.
WHAT HAPPENS IF WE CAN'T REACH AN AGREEMENT ?
Sometimes, despite everyone's best efforts, you may not be able to resolve your disputes in mediation. When this happens, you might decide to pursue the path of traditional litigation and have a judge make the decision for you. And keep in mind, you can always try mediation again at a later date - often, people who were not ready to reach an agreement the first time are able to do so the next time.
what are the advantages of choosing a mediator who is also an attorney ?
All court-rostered mediators are required to complete the same educational and practical training, which includes a minimum level of familiarity with applicable law and legal concepts. However, when your mediator is also a practicing attorney, you get the benefit of their experience and in-depth understanding of legal procedures.
Keep in mind that being a lawyer, or even a retired judge, does not automatically qualify someone to be a mediator. One must possess a unique skill set that goes beyond litigation experience in order to be an effective provider of alternative dispute resolution.
Keep in mind that being a lawyer, or even a retired judge, does not automatically qualify someone to be a mediator. One must possess a unique skill set that goes beyond litigation experience in order to be an effective provider of alternative dispute resolution.