Mediation

What Mediation Is

 

Mediation is an informal process of negotiation between two or more parties that is facilitated by a neutral third party - the mediator. The mediator works for both parties equally and does not make decisions for the parties. Instead, the mediator listens to the concerns and desires of each party, frames the issues, defines the problems, and then helps the parties find common ground and negotiate a settlement which meets the needs of both parties to the extent possible.

Mediation is an entirely confidential process, and no discussions or settlement offers can be utilized later in Court by any party. Mediation can occur with both parties in the same room, with parties in separate rooms, or even through video conferencing - whichever ensures both parties are comfortable and able to be open with the mediator.

Benefits of Mediation

 

There are numerous benefits to mediation, including the following:

  • Case resolutions customized to the reasonable needs and wants of both parties

  • Faster resolution than waiting on Court processes, allowing each party to move on more quickly

  • Even if all issues cannot be settled, there is an ability to reach settlement on some issues

  • Reduced costs of discovery and litigation

  • Communication between the parties often improves and all parties have a voice

  • The process is voluntary

Mediation Related Services

 

Our mediators can customize services to the needs of the parties:

  • Assistance in resolving all pending issues between the parties (full and final settlement)

  • Assistance in resolving some pending issues between the parties (partial settlement)

  • Assistance in reaching temporary settlement/orders between the parties

  • Assessment of legal issues and the potential risks/benefits of litigation

  • Drafting of settlement agreements, pleadings, or other documents required to finalize the matter

Frequent Questions About Mediation

 

What our mediators charge:

  • Our mediators charge $250 per hour for the mediation and time spent preparing for the mediation

Travel expenses:

  • Our mediators do not charge for travel if the mediation occurs within the 1st District Court boundaries (Rich, Box Elder, and Cache Counties)

  • There is a $70 flat fee for travel to locations within the 2nd District Court boundaries (Weber, Morgan, and Davis Counties)

  • There is a $100 flat fee for travel to locations within the 3rd and 4th District Court boundaries (Salt Lake, Summit, Tooele, Wasatch, Utah, Juan, and Millard Counties)

Who pays the mediator:

  • All parties involved in a mediation will equally share the mediator fees

When to pay the mediator:

  • The mediator is paid in full on the day of mediation at the conclusion of mediation

Whether a deposit is required:

  • Deposits/retainers are not normally required in advance of the mediation.

Whether mediators can provide legal advice:

  • Mediators cannot provide legal advice to either party

  • Mediators can, however, assess strengths and weaknesses of party positions

  • Mediators can also provide suggestions and possible solutions to hep resolve concerns of each party

Whether mediators represent either party before or after mediation:

  • Although are mediators are experienced licensed attorneys, if they are hired as a mediator, they cannot represent either party before or after mediation

What information the mediator should have prior to a mediation session:

  • A week prior to a mediation, the mediator should receive a brief summary of the issues between the parties

  • The parties should also bring or have ready access to any necessary financial or other documents that may need discussed or verified during the mediation

Whether you need to see or speak with the other party at the mediation:

  • You do not need to see or speak to the other party during the mediation

  • If there are safety concerns, please let us know in advance to coordinate staggered arrivals or whether the mediation should be conducted by video conferencing

  • Even if you choose to start in a joint session, the parties can request to proceed separately at any time

Whether you need your own attorney at mediation:

  • Parties are always encouraged to seek their own independent legal advice from an attorney

  • Parties may also choose to proceed on their own