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Mediation During Divorce Proceedings

A divorce is never easy, regardless of how amicable the soon-to-be-ex-spouses are during the process. Aside from emotional stress, there are assets to be divided, parenting plans to be agreed upon, and settling remaining tax filings. In the State of Utah, courts require divorcing couples to attempt mediation before a divorce trial can proceed.

What Is Mediation?

Mediation is the official process of resolving financial and parenting issues between divorcing spouses with the assistance of a professional independent party. In some states, such as Utah, mediation attempts are required for all divorce proceedings, even when uncontested and everything is already agreed upon.

While this may seem trivial, mediation has numerous advantages that benefit both the divorcing couple and the overall court system:

  • It is a much less expensive form of divorce negotiations than a divorce trial.
  • Multiple formal hearings can drive up costs.
  • Mediation discussions remain confidential and do no become public record.
  • Only the final agreement becomes part of the divorce settlement filed with the court.

Moreover, with mediation, the spouses are in control of the negotiations rather than the court system. This is an important aspect because the resulting agreement will be based on both parties’ ideas of what is fair rather than legal solutions imposed by a court of law. When both parties have input in the negotiations and work together on an acceptable settlement, chances also increase that the agreement will be adhered to after the divorce is finalized. This eliminates the potential need for further court involvement to enforce the divorce agreement in the future.

Why Use A Mediator?

Mediation-During-DivorceUsing an independent mediator is much less stressful than going through a divorce trial. The mediator’s job is to facilitate negotiations rather than impose law. Both spouses will have the opportunity to speak up about what they believe is fair regarding division of property and parenting time. No matter how far apart the initial opinions are, the mediator will work toward a settlement acceptable for both parties. Rather than working against one another, the mediator will promote communication and cooperation between the spouses, leading to much less tension than a divorce trial. In addition, using a mediator is less expensive than a court trial with preparation for and appearance at hearings with the parties’ respective attorneys.

Wall & Wall Attorneys At Law

Using an attorney during mediation is not required but in your best interest, whether directly during negotiations or indirectly consulting behind the scenes. The mediation attorneys at Wall & Wall Attorneys At Law can advise you on your best interests during the negotiations. The agreements mediated regarding taxes, child support, visitation and custody will have a long-term impact so it is crucial to have someone experienced on your side who can assess future implications and provide honest advice before you agree. They can bring up important issues that may not be self-evident or even mentioned during the negotiation process. Even if both spouses have the best intentions at the time of mediation, an experienced attorney can foresee the consequences down the road and outline common pitfalls you do not anticipate at this time.

Wall & Wall Attorneys At Law are leaders in Utah family law, and have in-depth experience advising clients throughout the mediation process. They offer a free initial consultation, so even if you do not expect any problems, why not fully prepare for your divorce to ensure you understand what you are agreeing to, without unintended consequences in the future. Contact Wall & Wall Attorneys at Law at 801-803-6988 for your free consultation. If you have nothing to worry about, they will confirm that for you. If you do, you’ll be happy you decided to rely on their expertise.