Mediation: a Requirement or an Opportunity?

Mediation can be a helpful tool if both parties are willing to give the mediator the opportunity to offer their insight. Mediation has been beneficial in many cases; it can be a resource that can save the parties’ time and money. Too often, mediation is treated more like a requirement, and less like an opportunity to come to a resolution.

Attitude Determines Success

Mediation relies on the attitudes of both parties. If you both come to mediation unwilling to negotiate, it’s not likely to be a success. Be realistic when attending mediation. If you expect the other party to negotiate, you need to be prepared to negotiate on things you are set on. If a resolution is reached, it will only be binding if it is put into writing and signed by both parties. In the state of Utah, it is required in most cases for divorcing parties to participate in mediation prior to having a judge determine the terms of your divorce.

Mediation takes a different approach to resolving your case. It focuses on negotiation and problem-solving. It also provides for a safe environment where parties can express their concerns in an open manner. Nothing said in mediation (with the exception of disclosures of abuse) can ever be used against you later in court. This allows the mediation participants to explore settlement options. In most cases during mediation, the parties are located in separate rooms and the mediator will alternate between the rooms to negotiate.

Prepare Yourself With Information

Mediation will be more successful if you are prepared. Not only do you need to come to mediation with the right attitude, you need to come with all the information required to make decisions. If you’re trying to divide equity in a home or divide a retirement account, you should have current documents and figures with you. If you need to divide personal property, come to mediation with a list of what you want. You should also come with a list of goals. Determine beforehand what your “deal breaker” is. Know what you are willing to put on the table. Mediators are trained to have creative and unique resolutions.

At Burton Attorneys at Law, we are familiar with local mediators and will find a mediator that fits the needs of your case. We will also attend with you, and make sure you understand the process every step of the way.