To make the most of your mediation sessions, read the following four helpful tips.

Set Your Goals

Before your mediation session, take some time to decide what is important to you (not just what you do or do not want your spouse to have). Make a list of what you cannot live without and what you can. Determine your bottom-line goals — what you refuse to walk away without. Think about child custody (if you share kids), assets, and financial decisions. You will be most successful if you keep each of these decisions separate from each other — try to avoid letting one influence your stance on another.

Be Ready to Compromise

Many couples come into mediation to win. If there is even an ounce of hatred, individuals may want to use mediation to “get even” and leave the other party with nothing. In reality, there is no “winning” when it comes to mediation, except when couples are willing to give and take. If you want to have a more successful mediation, you need to be prepared to compromise.

Research Your Mediator

Before you hire a mediator, make sure you take the time to do your research. Not all mediators are skilled at mediation like you might think. Find a divorce mediator with a successful track record and years of experience. As you are finding a mediator, feel free to ask questions like:

• • Did you complete a basic or advanced mediation course? How many training hours did you complete?
  • In which areas are you certified? Basic mediation? Family mediation? Other areas?
  • Where did you earn your certification? Ask to see the certificates.
  • Did you complete an apprenticeship?
  • How many sessions have you mediated? How many of those were successful?

Be Rational, Not Emotional

Of course, it is easy to get emotional during the divorce process — you are a human! However, it is best to work through mediation when you put your emotions aside and work towards being rational and practical. When divorcing individuals let their emotions get the best of themselves, they often find themselves in litigation.

Contact The Ault Firm

If you are filing for divorce, you will need a knowledgeable mediation attorney like the professionals at The Ault Firm. Our team of lawyers have years of experience and are skilled negotiators with the track record of providing couples a stress-free forum to discuss their marriage. If you are in the Salt Lake City or West Jordan, Utah area, call the family law attorneys at The Ault Firm today to schedule your free case review.

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While there are several benefits to mediation, it will only work out as intended if both parties are willing to hear each other out, collaborate, and compromise. This can be a lot to ask of couples who are going through a difficult time. Moreover, some couples are forced to partake in mediation by a judge—not because they genuinely want to work things out. Thankfully, there are other alternatives to mediation that you and your spouse can try as a last resort. 

Finding Middle Ground

Mediation can be complicated for some couples because there is no judge to call out who is right or wrong. If a husband and wife can’t agree with some parts of a divorce, then there will be no one to enforce a mandatory decision. Don’t feel discouraged if mediation fails; you can try another mediation session again in the future. Sometimes, one mediation session isn’t enough for certain couples. Perhaps all you need is some time to be on your own and to reflect.

Initial mediation appointments are ideal for getting the ball rolling, but maybe you and your spouse were feeling too emotional. Wait a few more weeks before taking the next step in the divorce, then try to settle things once more with your spouse. Any agreements that both of you make are signs of progress, such as agreeing on a custody agreement or deciding how to split the retirement funds.  

Collaborative Practice

The collaborative practice model encourages spouses and their attorneys to commit to resolving their issues outside of a courtroom. Collaborative practice allows couples to express how they feel without a judge intervening, or without the stress of a court battle unfolding. One of the main goals of collaborative practice is to solve problems jointly and in a respectful fashion. Spouses who go with the collaborative model work closely with a team of committed professionals who are dedicated to helping both parties maneuver through the intricacies of a divorce. 

Among the professionals who couples work with are collaborative lawyers, divorce coaches, a financial specialist, and a child specialist. With the guidance of their attorneys, each spouse also selects their own divorce coach. Divorce coaches are experienced mental health professionals who are equipped to help each spouse during the stresses that come with a divorce. 

The uncertainty that divorce brings can be frightening, but you don’t have to fight through it alone. You can work with a mediation attorney or a divorce attorney by contacting The Ault Firm today. 

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Any married couple that is considering divorce should sit through mediation first. Mediation can work for almost any couple and has an extensive list of benefits. 

What Are the Benefits of Mediation?

Some of the several benefits of mediation include:

• Mediation is far less expensive than a court trial or a series of hearings. 
• Most mediations end in a settlement that pertains to all of the issues you and your spouse are having. 
• Mediation is confidential, so you don’t have to worry about any public records of what was said in your sessions.
• It allows you and your spouse to arrive at a solution based on your idea of what is fair in your particular situation. Since the solution is tailored to you and your spouse’s problems, you won’t have to worry about having a solution imposed upon you based on rigid and impersonal legal rulings.
• If you feel like you can still benefit from a personal lawyer, you can still work with one to solicit legal advice.
• The process will be controlled by you and your spouse, not the court. 
• You and your spouse will experience improved communication thanks to mediation tactics. Better communication will help you both in avoiding future conflicts. 

Will Mediation Be Right for My Relationship?

While most couples see positive results from mediation, this will not be the case for every relationship dynamic. For example, if there is domestic abuse involved in your relationship, you should carefully consider doing mediation. On the other hand, some people who have experienced abuse in their marriage find it empowering to be present in the mediation, as they feel like the playing field is leveled. If you don’t think being present in a mediation session is safe for you, but you’d still like to benefit from it, you can have your lawyer do the negotiating for you. 

Both people must be willing to compromise. Don’t reject mediation just because you and your spouse view a particular issue differently. In other words, don’t give up on the mediation process you’ve even begun. Mediation is a powerful process, and many cases that seem almost impossible to resolve in the beginning end up in a successful settlement if all parties involved take it seriously.

Do you think your marriage will benefit from mediation sessions? Utah law requires all couples who are considering a divorce to sit through at least one mediation session as a final effort to solve disputes. Contact The Ault Firm today to work with an experienced mediation attorney.  

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Choose The Right Mediator

Mediators are not all created equal. Some mediators are highly trained at handling intense emotional situations. Others are better at assisting with complex financial arrangements. Not all mediators are trained to handle domestic violence cases. If you have any special issues or requests, make sure you bring them up as you search for the right mediator. Let them know the most pressing issues in your case to find the perfect fit for you and your spouse.

Prepare Yourself

Talk to your lawyer prior to your first mediation session. Make sure you understand all of your rights and responsibilities associated with the process. Spend some time thinking through the approach you want to take in mediation. Make a list of your priorities and goals regarding a settlement. What do you absolutely need to achieve in order to settle? Consider options and alternatives in advance.

Know What Your Spouse Needs

By understanding your spouse’s goals regarding a settlement in addition to your own, you will be a better negotiator. Think about what is most important to your spouse. What might your spouse be willing to give up? Thinking through your spouse’s needs will allow you to arrive at the ultimate goal of a win/win situation. Be prepared to negotiate instead of arguing.

Do Your Homework

Prior to mediation, it is important to prepare all of the necessary paperwork. Arrive with organized financial documents. Prepare a list of all your assets, bank statements, balances, and debts. Speak with a financial professional if you need assistance. Mediation briefs and materials should also be completed beforehand. Whatever your mediator asks of you, make sure you do it in a timely matter. If there is anything you do not fully understand, don’t be afraid to ask your mediator for clarification.

Expect The Unexpected

Once the mediation process starts, understand that anything can happen. Be willing to accept new developments or scenarios as they arise. Even though you are prepared and have clear expectations for what you want to achieve, mediation is a team effort and you will likely have to compromise to reach a settlement. Keep your emotions in check throughout the process. If you become too emotional or are feeling angry, ask to take a break.

Choosing mediation is a great first step in making your divorce go as smoothly as possible. Mediation does not work in every divorce but, it is statistically highly successful. If you are willing to help contribute to its success, mediation will be a positive experience for you. If you choose the right mediator, do your homework, and establish your priorities, you will be ready for a successful mediation session.

If you are looking for a mediator contact us at The Ault Firm today!

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Mediation is appealing to many divorcing couples because it is known for being effective. More than 90% of mediations result in long-term resolutions between both parties.  This is because mediators are trained professionals. A successful mediator will facilitate effectively by showing empathy and being impartial to all issues. The mediator is not allowed to impose their own decisions that are not agreed upon by the disputing parties. In a divorce trial, the judge has the ultimate power to make decisions when necessary.

Less Stress
Mediation can help relieve stress. The process is less expensive and usually proceeds much faster than a divorce trial. On average, a case will take around 2 months to complete and costs between $5,000 and $10,000. A mediator’s hourly rate is typically much less than that of an attorney. If you and your spouse want to avoid a court hearing and a costly, lengthy trial, you may benefit from divorce mediation.

Take Control
Mediation can help you feel in control of your divorce. In mediation, you and your spouse control the process instead of lawyers and judges. You control how issues get addressed. Each party is directly involved in negotiating issues and no settlement can be imposed upon you.  Your agreement will be personally tailored to your wants and needs.

Completely Confidential
Mediation is confidential. Unlike the potential publicity of court proceedings, everything said during mediation is kept completely confidential. Meetings are held in a private office instead of a public courtroom.  Parties can feel free to speak openly without their conversations becoming disclosed in court.

Preserve Relationships
Mediation can help to preserve relationships. Mediation focuses on effectively communicating instead of attacking each other.  While divorce is known for being a messy experience, mediation can help to keep the process civil. If a future working relationship is important, a negotiated settlement achieved through thoughtful communication may be the best resolution possible.

Many divorcing couples look to mediation as the best way to settle their divorce. If you are looking to save money and time, maintain control of important issues, and utilize effective communication with your spouse, mediation will be very helpful to you.

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There are two kinds of divorces: uncontested and contested. Uncontested divorces are the least expensive and the easiest because each partner has already planned what they want to do. Properties have been divided and each partner has already discussed what they want to do with assets, accounts, and children if applicable. Uncontested is the ideal kind of divorce, but not the most common. The Ault Law Firm has a flat fee which covers this kind of divorce in order to save you money. Another way The Ault Firm wants to save you money is through mediation which is particularly important for contested divorces.

Contested divorces are far more complicated and can be costly. In Utah, if you are dealing with a contested divorce then you have to attend at least one mediation. This mediation is to give you and your partner a chance to talk through any issue you have before you take it to court. Christopher M. Ault is a Salt Lake City Mediation Attorney who acts a neutral party and helps facilitate conversation between the divorcing couple. Mr. Ault is not a judge or final say in arguments. As a Mediation Attorney Mr. Ault is there to help each partner to get through the tough conversations.

Good Mediation Attorneys help each client process through the high emotions and can encourage the conversation in order to reach a resolution. It’s an alternative to going to court and letting a judge make a decision. Each person will still have their attorneys with them and will need to be present during the final divorce signatures. In short here is a list of reasons mediation can help:

• makes for a more peaceful divorce which means peace for partners as well as children that are involved
• it is more cost effective as the goal for mediators is to find a resolution and not draw out the divorce
• it can help expedite the process of your divorce because mediators open communication for faster results
• using mediation is way more private than going to court. If privacy is an important part of your divorce then mediation is the best option for you

Mediation Attorneys at The Ault Law Firm in Salt Lake City are here to help you get through an emotional situation. We understand that time means money and we do not want to waste either. Give them a call 801-539-9000 or click here to start a conversation about how our Mediation Attorneys can help you get through this divorce.

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Divorce is a situation where there is no right or wrong answers. There are not clear cut answers to how to divide money and assets after being married for so many years. Divorce isn’t something imagined. Sometimes it just happens. Sometimes two people find themselves on very different paths and now they are left to the hard part of dividing up what they have. It is subjective and can feel at times completely overwhelming. Our Mediation Attorneys at The Ault Firm, a Professional Corporation, in Salt Lake City understand the emotional stress that goes with choosing divorce. We know the emotional challenge it is to break up with someone so intimate and we also understand the serious financial undertaking it is to follow through with such an emotional decision.

The state of Utah strongly suggests that those going through divorce enter some kind of mediation. Our Salt Lake City Mediation Attorneys completely agree because we know the benefits outweigh the negatives. Here are few things that helpful to know about choosing mediation:

1. Mediators help both parties come to a decision that they build together
2. Each person splits the cost of the mediation unless discussed before hand. The split cost is a financial commitment to seeking a resolution during the discussion
3. Mediators are not a judge. We do not make verdicts or decisions. Instead we help the parties come up with their own decisions.
4. Mediation is completely confidential. The discussion shared does not leave the room and the mediator does not share with other people.
5. Mediation is an opportunity to discuss details of your divorce in a structured and focused way.

Our Mediation Attorneys at The Ault Firm, a Professional Corporation in Salt Lake City are committed to helping you and your spouse navigate these conversations as amicably as possible. We are committed to helping you find solutions. Call us at 801-539-9000 or click here to start a conversation today.

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It often happens that a spouse who has not previously displayed signs of bullying behavior begins to bully his or her spouse during a divorce. If this is the case in your situation, how do you cope with a bullying spouse and how do you mediate your divorce if your partner is a bully?

This is the question we asked our Salt Lake City mediation attorney at The Ault Firm.

How do I know that my spouse is a bully?

Some of you might wonder, “How do I know that my spouse is a bully?” What does bullying look like during a divorce? Some of the most common forms of bullying in a divorce include but are not limited to:

• Making false allegations about their spouse;
• Making up stories and past incidents that paint you in a bad light;
• Threatening with physical abuse or other types of retaliation if you do not agree to his or her terms;
• Threatening to take full custody of your children;
• Threatening to prevent you from seeing your children;

Hiring an experienced mediation attorney in Salt Lake City or elsewhere in Utah to intimidate you or coerce you into making poor decisions.

The only source of power that drives bullies is your fear and inability to stand your ground. The biggest mistake you can make when dealing with a bullying spouse in a divorce is not doing anything and not pushing back. Do not let your spouse feed on your fear and inaction.

Ensure your safety

Just because your partner is a bully it does not necessarily mean that he or she wants to cause you physical harm. But, unfortunately, many bullying partners are abusive and even dangerous.

If your spouse displays bullying behavior in a divorce, make sure you and your children stay safe. Consider speaking with a skilled divorce lawyer to find out about your options on getting a restraining order against the violent and abusive spouse.

With a restraining order, you can teach your bullying spouse a lesson. Most bullies do not respect the personal boundaries of their victims, which is why setting clear boundaries with a restraining order can ensure your safety and show them that you can fight back.

Keep records and record conversations

Typically, bullies never shy away from expressing their anger and violence, even in written and verbal conversations via electronic communications. If you are dealing with a bullying partner in divorce mediation, you can benefit from keeping records of the emails and text messages your bullying spouse sends you as well as recording phone calls and in-person conversations with the bully.

Remember: Utah law permits recording verbal communications with other parties as long as you are one of the parties to the communication. In other states, meanwhile, you would have to get their consent prior to recording.

Don’t be rushed into making ill-judged decisions

Making ill-judged decisions in divorce mediation is the worst mistake you can make during a divorce, and bullying spouses are hell-bent on forcing you to make mistakes.

Do not let yourself be rushed into agreeing to your spouse’s terms and conditions. Instead of making poor decisions, consult with a Salt Lake City mediation attorney from The Ault Firm to speak about your particular case. Get a free consultation by calling at 801-539-9000.

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The idea of involving your children in divorce mediation has probably crossed your mind, but would that be a smart move? The topic of bringing kids into divorce mediation is quite controversial in Utah and all across the U.S. After all, there are many pros and cons that must be considered by the parents before involving their children in mediation.

It is always a good idea to speak to a Salt Lake City mediation attorney to find out whether or not bringing your child into the divorce mediation process is a smart decision. After all, your child may not be mature or emotionally strong to handle the mediation process.

Assessing the maturity and emotional health of your child is only one side of the coin. Another side of the coin is how the mediation process and the outcome of your divorce can affect your child in the long term.

Do not ignore your children in divorce mediation

“If you are not sure if involving your children in divorce mediation is a good idea or not, consider speaking to a child therapist for guidance,” advises our experienced mediation attorney in Salt Lake City at The Ault Firm.

Your child may simply not be old enough or emotionally stable to have a voice in your divorce mediation. With the help of a child therapist, you will be able to monitor your children throughout the divorce to make sure that your children are able to handle the process.

Oftentimes, parents ignore their children during a divorce and fail to notice that their children suffer emotional stress that could have been prevented in the first place.

And while the opinions of a mediation lawyer and child therapist are important, it is also crucial to use your own judgment before bringing your kids into the divorce mediation process. After all, you know your children better than anyone else and are the best person to determine whether or not your child is ready to participate in the mediation process.

With the ongoing divorce, both you and your children are entering a new chapter in your life, which is why it is important to consider all the pros and cons of involving your children in divorce mediation.

Oftentimes, parents “prep” their children to tell the mediator what they want, and this puts additional stress on the child because children are afraid of disappointing their parents. Divorce mediation can cause your child psychological and emotional harm. After all, do not forget that your child most likely has no idea why you and your spouse are getting divorced.

Involving children in the divorce mediation process is one of the toughest decisions a parent can make when going through a divorce. That is why it is highly advised that you consult with a Salt Lake City mediation attorney at The Ault Firm to speak about your particular case. Get a free consultation by calling our offices at 801-539-9000.

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In Utah, state law requires couples filing for divorce to undergo at least one mediation to attempt to resolve their disputes. While this may be necessary by law, you may also find yourself in a situation where you and your spouse want to attempt mediation as opposed to filing for divorce. In either case, you want to find a good mediation attorney in Salt Lake City. Here at the Ault Firm, we understand the mediation process and are ready to help.

Why Choose Mediation

A mediator is a neutral third party. Both parties involved need to agree on the mediator that is chosen. We recommend choosing a mediator who is an attorney because they understand the entire process, from the potential court proceedings to the possible settlements. That expertise can be invaluable, as you and your spouse will have all the information necessary throughout the process.

Just because a couple has serious disagreements does not mean a marriage has to end in divorce. At the Ault Firm, we want to bring the two parties together to discuss every possible solution. Mediation is less pressure. There are no courts and no judge. Disputes can be discussed in a completely confidential setting and analyzed by a third party in an impartial manner.

Mediation In Divorce Cases

Since at least one mediation session is required by Utah law in divorce filings, we want to make the process go as smoothly as possible. We recognize that sometimes a divorce is inevitable, but we want you to know that it can be amicable. Through mediation, much of the heated debate that often coincided with a court proceeding can be avoided.

Mediation is a quicker and less expensive route to take when it comes to divorce. It is more private and less stressful for all parties involved, including children. Mediation proceedings are confidential and do not become part of the public record like divorce proceeding statements do.

What To Do

For mediation in divorce cases and non-divorce cases, once both parties reach a negotiated settlement, the mediator will draw up the settlement for both parties to sign. In a divorce case, the mediator will submit the agreement to the court as part of the final divorce decree.

We hope mediation can help you and your spouse settle differences without divorce becoming necessary, but we know that may not always be the case.

If you find yourself in a situation where you and your spouse need mediation, whether because of a divorce filing or you want to try to resolve your disputes, a mediation attorney in Salt Lake City is ready to help. The Ault Firm specializes in the mediation process. You can contact us by clicking here or calling 801-539-9000.

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