What is Mediation?
It’s common for litigated divorces to end up back in court after a divorce agreement has initially been reached. There are a number of reasons why a divorced couple may need to have divorce agreement modifications. As opposed to going to court, couples can resolve their post-divorce issues in a process called mediation. In a mediation session, a neutral third party, called a mediator, can assist the couples to come to a resolution outside of the court.
The mediator works with the parties — simultaneously or individually — to help find solutions that work for both parties. If both parties can agree on a set of terms, the mediator can put together a memorandum of understanding; from there, the parties use that memorandum to create an order for the court. If the two parties can’t reach an agreement, then the mediator will make a report to the court so that they can resolve their issues via trial.
Why You Might Need to Mediate After Finalizing Divorce
Since divorce and the agreements that follow can prove difficult, we here at Wall & Wall recommend that parties undergo the mediation process once a divorce is finalized. Utah’s courts and most divorce decrees tend to require the two parties to go through mediation before they can approach the courts. It may be a necessity, but mediation is also the best option for a number of reasons, such as:
- Mediation is a faster process than taking issues to court; whereas the latter can take months to go through, the former can be scheduled within weeks. Additionally, the two parties can work with the mediator across multiple sessions, and for as long as the process helps solve their issues.
- The mediation allows the two parties — in tandem with the mediator — to have full control over the outcome of the process. The hands-on approach and the settlements that follow, leads to parties that walk away with a higher satisfaction than those who rely solely on the courts, as well.
- Compared to the courts, the mediation process creates a much more peaceful environment for settling a dispute. Courts force the parties into the public eye, and have the two to compete against one another to try and win disputes. Conversely, mediation can happen in private, and are built on the two parties working together; doing so can help keep the tension and emotions to a minimum, rather than force them to flare up over critical matters.
Contact Wall & Wall for Divorce Modification Mediation Appointment
We fully understand the difficulties that can result from divorce, as well as what it means for the people involved. Whether it’s keeping a home stable with financial support or making sure parents can see their children again, Wall & Wall is available for any and all needs thanks to our full range of mediation options and settlement modifications. We’ve worked in family law since 1973, with the skill and experience to show for it. Call us to book a free consultation, and let us help you today.