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What to Expect at Mediation

Preparing for divorce can be overwhelming. Between questions about custody, to financial concerns, to fear of the unknown, it's easy to feel like the process is too much to handle.

Our process is designed to make divorce as easy, cost-effective, and peaceful as possible. If you have questions about our process, or divorce in general, you can schedule a free consultation with one of our team members.

Who can attend mediation?

At a minimum, the session will include you, your spouse (or ex) and the mediator. If you have attorneys, your attorneys may also attend, or else be on call for you to consult with throughout the process.

Depending on your circumstances, it may also be appropriate to bring a friend, a family member, or a new spouse or romantic partner. For financially complex cases, it may be beneficial to include a financial advisor, CPA, or real estate professional.

While there's no hard limit on how many people may attend, it's generally not advisable to bring a large "team" of support persons, since the presence of too many voices at mediation can make the process overwhelming.

Is everyone in the same room for mediation?

There are multiple formats for divorce mediation. Depending on your case, it may be effective to meet all together in a single room. Or, it may be more beneficial for you and your spouse (or ex) to be in separate rooms and the mediator will go back and forth between you. During the intake process, you and your spouse (or ex) can specify which format you think would be best for you.

Is mediation in person, or over Zoom?

Our mediators offer services both in person and over Zoom. During the intake process, you can indicate which format you prefer.

What do I need to bring to mediation?

Generally speaking, the more information you have about your finances and assets, the faster mediation will be. Our intake process guide you through the figures you need to bring to mediation, as well as any supporting documents. At a minimum, it's always good to have current pay stubs or W2s, and current statements for any bank accounts, retirement accounts, and debts. If you own a home, it's also beneficial to have an appraisal or comparative market analysis (CMA, or "Comp").

Can the mediator give us legal advice?

No. While the mediator can provide basic explanations of the law, describe common outcomes, and help you create agreed-upon solutions, they cannot give you legal advice. If you believe you would benefit from having legal advice, we encourage you to consult with a licensed attorney.

Will the mediator tell me what to do?

No. Mediators are skilled at facilitating communication, brainstorming ideas, and helping you consider different possibilities. However, they will never tell you what you should do or suggest that you must listen to their ideas. Ultimately, you and your spouse (or ex) have the power to accept or reject any ideas that arise during mediation.

Do we have to reach an agreement?

No. Although mediation has been a mandatory part of the divorce process since 2005, there is no rule that says you must reach an agreement.

How often does mediation succeed?

Nearly 80% of all cases that go to mediation result in a complete agreement.

What is the final product of mediation?

If you and your spouse (or ex) reach a full agreement, the mediator will prepare a draft agreement that embodies all the terms. Before you sign the agreement, you'll have the opportunity to consult with an attorney, or any other professional, the ensure that the agreement is reasonable and fair.

What happens after mediation?

Once you've signed your Divorce Agreement, we will refer you to one of our attorneys or licensed paralegal practitioners (LPPs) to prepare and file your Final Documents with the Courts. Once a judge approves your documents, your divorce will be considered final.

Questions?

Call us at 801-995-3336, or email scheduling@utahdivorceclinic.com.
You can also use the form below.

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