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Divorce Mediation Law

Divorce Mediation Law

Mediation is often an ideal choice when working through a divorce, as it allows you to meet with your former partner and discuss key issues related to property division, child support, custody and alimony (if applicable). To that end, the choice of mediator could be the single most important decision you make during your divorce process.

As you go through the mediation, you will discuss a number of personal and sensitive topics that could become heated. Knowing this, you should have a mediator who has these specific qualities to guide you through the process. Nothing is more important in a mediator than trust. You must both trust that the mediator is working to help both of you to come out of this process as whole as possible. The mediator should be a good communicator, be completely honest and make you feel as comfortable as possible at all times.

The mediator you choose should not only focus on mediation and dispute resolution, but should also have thorough training in those areas. A mediator’s job is far too important for someone who has simply taken a couple training courses. Look for a degree, certification and/or evidence of substantial experience.

While you probably will not want to make your decision based on the lowest rate you find, you should look for someone who reasonably prices his or her services. Keep in mind that the entire divorce process is expensive. You will be responsible attorney’s fees, will be coming away from the divorce with significantly less household income and could end up being responsible for child support or alimony. If the mediator bills on an hourly basis, you need assurances he or she will use time wisely and efficiently.

Has the mediator published any books or articles on mediation? Does she have a blog? Is he involved in professional networks? Do your background research before making your selection.

Is Mediation is Best for Your Divorce?

Mediation is an increasingly used method of divorce that allows couples to work together to arrive at a mutual agreement on how to settle issues related to their divorce. In mediation, you typically work with one legal professional, who guides your decisions and turns agreements into a binding settlement.

When mediation may be helpful

Mediation can be a positive, constructive experience for couples that are looking to maintain — or even strengthen — communication for the sake of their post-divorce relationship. Spouses who have children may wish to work together in such a way to better their communication for the sake co-parenting their child.

Also, mediation offers more control for the couple to be involved in all decisions leading to their settlement. Spouses may even bring mental health professionals, accountants and other advisers into their mediation sessions to help guide conversations and determine the best possible outcome.

Mediation is a quick and relatively inexpensive way to handle a divorce. For a couple that believes they can reach the best result for their family by working together, mediation may be an ideal way to swiftly arrive at resolution.

Mediation may also be detrimental. Conversely, mediation may not be appropriate for some couples that seek divorce. For instance, if one spouse plays a completely dominant role in the relationship and will take over the conversation, mediation may not be suitable. Also, if there is a fundamental issue or lack of caring that neither spouse can get past, mediation may not be worthwhile.

Mediation is not advised for couples that have a permanent lack trust in each other. This type of divorce is also not appropriate in cases where domestic violence or child abuse has taken place.

Divorce Lawyer Free Consultation

If you have a question about divorce or if you need to start or defend against a divorce case in Utah, call Ascent Law at (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506