Mediation sessions may include any of the following:
- Mediate divorce and post-divorce issues without attorneys
- Mediate divorce and post-divorce issues with attorneys
- Mediate custody disputes, including 4-903 hearings
- Mediate paternity matters
- Mediate to stay married
- Mediate to help co-parents
- Draft necessary legal documents to complete divorce paperwork for flat fee
Please see the below supporting documents for Kristine M Rogers’ Mediation Services
WHAT IS MEDIATION?
Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a neutral third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, real estate, legal, diplomatic, workplace, community and family matters.
The term “mediation” broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that “ordinary” negotiation lacks. The process is private and confidential. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process.
Mediation is a peaceful and internationally accepted process used to end or reduce conflict. Mediation can be used to resolve disputes of any magnitude. Mediators use various techniques to open, or improve, dialogue between disputants that will assist the disputants to reach an agreement. The success of mediation process depends on the mediator’s skill and training. As the practice gained popularity, training programs, certifications and licensing followed, producing trained, professional mediators committed to the discipline.
WHAT ARE THE BENEFITS OF MEDIATION?
While a mediator may charge a fee comparable to that of an attorney, the mediation process generally takes much less time than moving a case through standard legal channels. While a case in the hands of a lawyer or a court may take months or years to resolve, mediation usually achieves a resolution in a matter of hours.
While court hearings are public, mediation is strictly confidential. Only the parties and the mediator know what transpired during mediation. Confidentiality in mediation has such importance that the legal system cannot force a mediator to testify in court as to the content or progress of mediation.
Mediation increases the control the parties have over the resolution. In a court case, the parties obtain a resolution, but the judge or jury dictates terms of the resolution. A judge or jury cannot legally provide solutions to a dispute that often emerge in mediation. Thus, mediation is more likely to produce a result that is mutually agreeable and beneficial to both of the parties.
Because the result is attained by the parties working together and is mutually agreeable, compliance with the terms of the mediated agreement is usually high. This further reduces costs, because the parties do not have to employ an attorney to force compliance with the agreement.
Parties to mediation are typically ready to work mutually toward a resolution. In most circumstances the mere fact that parties are willing to mediate means that they are ready to “move” their position. The parties thus are more amenable to understanding the other party’s point of view and work on underlying issues to the dispute. Often the relationship the parties enjoyed before the dispute can be improved and even preserved.
Mediators are trained to work in difficult situations. The mediator acts as a neutral facilitator, guiding the parties through the process. The mediator helps the parties think “outside of the box” identifying possible solutions to the dispute and broadening the range of available solutions.
DO I NEED AN ATTORNEY?
Utah law makes it mandatory for family law and small claims disputants to participate in mediation before being allowed to proceed with litigation. Since the vast majority of disputes are resolved during mediation it is possible to completely avoid or limit the cost of an attorney.
Since agreements signed in mediation are enforceable, disputants are encouraged, but not required, to consult with an attorney before signing a document resolving, or partially resolving the dispute.
WHAT HAPPENS DURING MEDIATION?
Whether meeting together or separately, the parties will have ample opportunity to describe their dispute to the mediator, the parties are welcome to provide a written description of their disputes to the mediator in advance of mediation.
After all of the areas of dispute are identified, the mediator works with the parties to reach mutually agreeable resolutions to the disputes.
Once an agreement, or partial agreement is achieved, the mediator may prepare A Memorandum of Understanding or a Settlement Agreement. As discussed above in Do I Need An Attorney, since agreements signed in mediation are enforceable, disputants are encouraged, but not required, to consult with an attorney before signing a document resolving, or partially resolving the dispute.
Settlement Agreements in divorce, custody, parentage requires preparation of additional legal documents to become final. When the mediator is an attorney, the disputants may contract with the mediator/attorney to prepare the additional legal documents.