(801) 254-9450 The adversarial and contentious nature of a divorce trial can be challenging for everyone involved, especially children. Thankfully, there are alternatives to contentious trial proceedings that can save time and reduce stress. One such option is mediation.
Mediation is a process where you and your spouse sit down with a neutral party to negotiate. The mediator facilitates the discussion without taking sides. During this process, you are entitled to have a dedicated family law attorney by your side.
With the help of a South Jordan mediation lawyer, you could avoid the difficulties of litigation and move forward into the next phase of your life amicably.
Mediation is an alternative to litigating a divorce case or family law matter. Instead of going to trial and having a conflict determined by a judge or jury, mediation is a process where the parties sit down with a neutral third person—the mediator, and look for common ground.
This is not an adversarial process where one side wins and the other loses. Instead, the parties work together with the mediator in an effort to reach an agreement on all outstanding issues. While it can occur in the same room, mediators often split the parties into groups before exchanging messages back and forth.
Not every attempt will result in an agreement. When mediation falls apart, the case can continue toward litigation. However, these efforts frequently lead to a resolution that all parties can agree to.
There are multiple reasons to seek help from a South Jordan mediation attorney. This process has some inherent benefits, but it is not appropriate in every case. In general, mediation costs less in terms of time and money than litigation.
It also offers additional privacy, as these proceedings do not occur in a courtroom that is open to the public. This lack of formality can not only increase the chances of a settlement but also put the parties at ease.
While there are some options when it comes to timing, the law generally requires that divorcing couples in Utah attend at least one mediation session before the court will hear their contested claims. This requirement does not apply in uncontested divorces where the parties are in agreement on the issues. Additionally, mediation only becomes mandatory when the responding party files an answer.
If the divorce is granted by default, there is no need to mediate the case.
There is also the opportunity to petition the court to excuse mandatory mediation. The courts will only grant this request if there is reasonable cause to support it. There is no specific definition of good cause, but generally, the courts will waive mediation if one party feels unsafe or incapable of expressing themselves or communicating during the proceedings.
A South Jordan lawyer could answer questions concerning when mediation could be waived.
Mediating your divorce disputes may be required by the courts, but it is often in your best interest to try. These proceedings can lead to the parties coming to an agreement that is acceptable to everyone.
The benefits of mediation are substantial, from saving time to protecting your family’s privacy. If you believe this approach makes sense for your situation, contact a South Jordan mediation lawyer today.