If you are currently getting divorced or are on the brink of filing for dissolution of marriage in Utah, the thought about resolving your disputes through mediation has probably crossed your mind.
But each time you think about mediation, it does not sound like the best route to take, right? This is because you, like many other people in Salt Lake City and elsewhere in Utah, do not have sufficient knowledge about divorce mediation.
Today, we invited our Salt Lake City mediation attorney from the Ault Legal to outline everything you need to know about divorce mediation in Utah by answering the most frequently asked questions from our readers.
What if my spouse does not want to get divorced?
Since Utah is a no-fault divorce state, your divorce decree will be granted if one of the spouses files for divorce even if the other spouse is reluctant to end the marriage. Our experienced mediation attorney in Salt Lake City explains that it is in the best interests of both spouses to agree to some divorce settlement, because just because one of the spouses does not want to get divorced will not prevent the divorce from taking place. And mediation may be the best way to resolve your differences without having to spend tens to hundreds of thousands of dollars on litigation and attorney fees.
Speaking of attorney fees…
Do I really need a lawyer for mediation?
First and foremost, going to mediation without an attorney is generally never recommended if you want to reach agreement in your best interests. It is also recommended to notify everyone about whether or not you will be represented by an attorney in advance of the mediation settlement conference.
If you choose not to be represented by a lawyer at mediation, do not sign any final binding agreements without consulting with an attorney after the mediation hearing. Only an experienced lawyer can determine whether or not the agreement you have reached is in your best interests after reviewing the proposed terms and conditions.
How to prepare for mediation in Utah?
“Preparing for mediation is not some rocket science,” says our Salt Lake City mediation attorney. You should never come to your mediation conference empty handed. Meaning: you need evidence, documentation and everything you can collect to strengthen your legal case.
For example, if you are arguing that your child will be better off with you, you need to bring proof showing that the child’s best interests will be met if he or she stays with you, or that the other parent is not fit to be the parent with primary custody rights.
Mediation is not some kind of a wrestling battle where the strongest or loudest party wins. Instead, a mediator always promotes a respectful and calm atmosphere at the conference in order to provide both parties with an equal chance to express themselves and present their legal case. In fact, being respectful increases your credibility and probability of success.
Mediations are also a great way to resolve your differences with the other spouse because you can ask for individual meetings. These meetings are especially useful if you and your spouse cannot agree to anything when you are in the same room. In fact, most mediators hold individual meetings at first and then opt for combined meetings to let the parties agree to a final settlement.
Keep in mind that regardless of how much you despise your spouse, always put your children first. Do not jeopardize the future of your kids just because you hate your spouse. Ensure that your best interests and the best interests of your child are protected at the mediation settlement conference by hiring a mediation attorney from the Ault Legal. Call our offices at 801-539-9000 or complete this contact form to get a free consultation today.