Could mediation be helpful in my case?
Simply stated, mediation is a non-binding forum for a divorcing couple to work out the terms of their divorce with the help of a trained mediation specialist. The only requirement of mediation is that a party attend and make a good faith effort at resolution. If a party decides a resolution cannot be reached, they may terminate the mediation. If a resolution is reached, it will only be binding on the parties 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 is an empowering opportunity. In contrast with litigation, mediation promotes active and open communication between the couple in deciding what comes after the dissolution of their marriage. It allows divorcing couples to decide what their final divorce paperwork will look like. Often, taking a matter to trial involves considerable financial burden and risk, and mediation gives parties the chance to take control of their futures.
Mediation can be held with or without attorneys. However, at Burton Attorneys at Law, we recommend attending mediation with the help of a legal professional. Mediators are neutral parties who cannot give legal advice. Mediation will involve the discussion relating to all your divorce issues including real estate and personal property issues, division of financial assets (401k, stocks, bonds, etc.), retirement/pension plans, alimony, division of business interests. If there are children involved, a final court order needs to dictate issues such as custody, child support, parent-time, etc. It is important that you fully understand the issues at hand in your divorce. You need a trained professional to guide you through the pitfalls and legal ramifications that your divorce may have for years to come.
At Burton Attorneys at Law we work with many mediation professionals with whom we trust and can work with to bring your divorce matter to resolution. We will help determine which mediator we feel will work best for your case.
Our office was specifically designed with mediation in mind, having three separate conference rooms allowing for a comfortable atmosphere to handle your legal concerns. Mediation can be held with all the parties in one room or with the parties in separate rooms. Again, mediation is non-binding on the parties, unless they reach a resolution that is put into writing and signed by the parties.
To protect it’s client’s best interests, Burton Attorneys at Law ensures that mediation is used effectively. Because legal jargon and negotiations may be confusing, our attorneys can guide you through the process to make sure that you understand everything that is happening. By being present, we can alert you if the terms of the settlement go against your wishes so these can be modified before the resolution is finalized.
In certain cases mediation may not result in a successful resolution and the divorce may need to be resolved in court. Ensuring that you are well represented throughout the process, our attorneys will undergo the necessary planning to fully prepare both themselves and you for the trial. We are experienced trial attorneys and you can be assured we will fight for your best interests at trial.
At Burton Attorneys at Law, we understand the value of mediation in your case. We understand that you want a resolution and that mediation is a chance to meet that goal. We regularly work with experienced and knowledgeable mediators and will help choose one that is right for your case. We will we are here for you no matter where your family law case takes you. We will help you shoulder the burden and do what it takes to help you come to a fair resolution for your case. Mediation can be a useful tool, if you would like to discuss it with one of our attorneys, please contact our office today to schedule a consultation.