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Mediation is a voluntary process where two parties in conflict can have a facilitated conversation in order to attempt to resolve their conflict outside of the legal process.
Mediation is a great is used in all types of dispute such as: International relations, Labor-Management, Government Grievance, Environmental Issues, Employee Grievances, Discrimination Claims, Labor & Wage Disputes, Restorative Justice (Victim/Offender), Families & Relationships, Parents & Children, Divorce & Separation, Neighborhoods, Probate Matters, Schools (peer-to-peer, teacher-student, truancy), Small Claims and Civil Matters such as: Landlord-tenant, Consumer-merchant, Debts & Loans and Contracts.
Fees for mediation are determined by the mediator. Rates range anywhere from $50-400/hr typically spit between between the parties. Some of our mediators operate on a sliding scale based on income or offer pro bono services on a case-by-case basis. Go to Choosing A Mediator for more info.
The Utah Courts have a limited number of Court approved training programs for mediators. Mediators who are on the Court Roster must complete a rigorous practicum and mentorship to be listed. They must also re-qualify for the Court Roster annually which requires them to obtain ongoing continued education and provide a number of paid and pro bono services to the community each year. Mediators on the Roster commit to conform to the best practices set out by the Courts.
There is no limit the number of attempts you can make at mediating an issue. Sometimes a small change in circumstances can affect the outcome and negotiations in mediation. We encourage all cases that are unresolved in their first attempt to come back if they have a change of heart or reconsider anything discussed or have any new ideas of how to resolve the issues at hand.
No, you don't need an attorney to try mediation. Mediation is outside of the legal process and will not affect your ability to pursue anything legally in the future. Agreements made in mediation are not legally binding until they are signed by both parties and filed in a court case.
Mediation is done virtually typically so you should have no physical risk in participating. We discourage anyone from mediating if there is any threat associated with your participation or a certain outcome.
Most protective orders allow for mediation. If yours does not, you will need an exception from the issuing court.
Depending on the outcome of mediation, you may have what's called a Memorandum of Understanding created which is a summary of the things that were agreed on. Anything unresolved in mediation will not be discussed in a Memorandum and notes made during the mediation are destroyed. If mediation was a requirement of the Court we will file an ADR Disposition Notice on the case to let the court know whether or not there was an agreement but not the details of the agreement itself.
Everyone is entitled to have a support person with them. However, in some cases, a 3rd party's influence may negatively impact negotiations and any party may request that they leave the mediation or all or part of mediation in order to make progress. Mediation participation is voluntary so if any party does not wish to proceed with the situation for any reason they can end mediation.
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