In Utah, mediation is mandatory for most divorce cases.
Divorce mediation typically involves sitting down with a neutral third party, in an attempt to resolve any issues in dispute. Generally, you and your spouse must participate in at least one session.
But can mediation actually work?
Sometimes the answer is yes, particularly in cases where the decision to divorce is mutual and when neither spouse wants to reconcile.
Because this approach typically costs less than traditional divorce litigation, it can seem like an attractive option. Whether it will be effective in your case depends on several factors.
Mediation May Work if You Can Communicate
Are you on good terms with your spouse?
The better the two of you can communicate and get along, the more likely it is that mediation will work. If one of you is feeling a lot of animosities the process can backfire.
Your mediator will help ensure that communication stays constructive. But if you want mediation to succeed, you need to be able to keep your emotional reactions in check. You can disagree with your spouse and stand up for yourself at any point, of course, but you must be able to do so without losing control.
Can You Trust Your (Soon-to-be-Ex) Spouse?
It’s natural to feel angry or blame your spouse for situations in the marriage that led to the divorce.
And if you discovered an affair or other breaches of the marital covenant, you may feel betrayed. The question is, can you trust your spouse to be candid and sincere during the mediation process?
If the mediation doesn’t seem to be producing the desired outcome, the attorney may recommend progressing your case toward trial.
If you truly believe that your spouse will be honest and fair during negotiations, talk with a divorce attorney first, to discuss your issues. Your attorney will attend mediation with you to ensure your rights are protected throughout the process.
Whatever you decide, it’s critical that you protect yourself legally by involving your attorney in the divorce mediation process.
The experienced attorneys of the Burton Law Firm in Ogden, Utah, are well-versed in the Utah divorce mediation process. In fact, our office is equipped with comfortable mediation spaces designed specifically to facilitate the negotiations. We generally do mediation with you and your spouse in separate rooms with reasonable accommodations.
The negotiation process can be confusing or daunting, especially if you aren’t familiar with legal jargon. Our experienced legal team can help you understand the process and ensure that your interests are well-protected.
Contact our office today to schedule a consultation. We will explain all of your options and help you determine whether divorce mediation may work for you.
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