Mediation Attorneys in Ogden, Utah
Pursuant to Utah Code Ann. §30-3-39, there is a mandatory requirement to attend mediation if the parties are not able to reach a full resolution of the issues involved in their divorce case prior to bringing the issues before the judge at trial. Both parties shall participate in good faith and will equally split the cost of the mediator unless otherwise ordered.
Mediation is where both parties meet with their attorneys and a mediator, a person certified to conduct mediation, tries to settle the entire divorce litigation. Mediation is a great opportunity to resolve many or all of the issues in your divorce.
You are not required to agree to anything at mediation and the mediator has no authority to force you to do so. His role is simply that of a neutral facilitator or go-between. In fact, he is not even permitted to be called by either party as a witness in the case and cannot be forced to disclose the negotiations during mediation to the court. The mediator will typically present both to you and your spouse that compromising and controlling the outcome of your case is better, even if you have to make concessions, than putting it all in the judge’s hands at final hearing with no control over the outcome.
Some matters will not be settled at mediation and trial will be necessary and our firm has experience litigating the many issues involved with divorce. Mediation is also a time to analyze your risk when presented with trial and our firm will ensure that you are fully educated on your options before you make any final decision.
A divorce can settle at any time in the proceedings, and although you may not reach an agreement at mediation it is still possible to continue to negotiate as we prepare for trial.