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What You Should Know About Mediation in Utah Divorce?

On behalf of Emy A. Cordano, posted in Divorce On Tuesday, July 27, 2021

Since 2005, Utah has required mediation in divorce cases before moving on to the court with very few exceptions. Mediation can address and resolve numerous family conflicts, like child custody and child support, alimony, and property division.

Emy A. Cordano, Attorney at Law, has extensive experience in divorce mediation. Divorcing couples are given a chance to discuss their emotional issues with an objective, independent arbitrator who can guide them through the process. If you are thinking of filing for divorce, talk to a skilled and dedicated divorce attorney in Salt Lake City, Utah, about the best steps you can take moving forward.

Why is Mediation Required in Utah Divorce?

Divorce, and in many cases, child custody, is a family matter. In Utah, the court encourages conflict resolution with respect to children and their future. Mediation can address strong emotional issues, common interests, and parental disagreements in an environment designed to allow discussion.

In court proceedings, many issues are addressed combatively. With guided mediation, divorcing couples may be able to prevent a hostile separation that can become damaging to any children involved.

According to Utah’s Divorce Mediation Program, other benefits of mediation may include:

  • By encouraging collaborative problem solving by the parties, they may better find solutions for their issues.
  • Mediation, on average, is a quicker resolution
  • Mediation is often less costly
  • Mediation is thought to be less stressful than court
  • Mediation is believed to promote a better relationship with a former spouse

What is the Process of Mediation?

Mediation differs greatly from the court in that your discussions are confidential and focused on persuading the other side as opposed to persuading a judge.

Mediation consists of a few steps;

  1. Introductions and the explanation that the role of the mediator is not a decision-maker
  2. Parties meet and are encouraged to be as open as possible in the discussions
  3. Mediation could last hours or days, depending on the circumstances
  4. If both parties agree, they sign a detailed agreement
  5. If an agreement cannot be reached, the case will proceed to court

Can a Divorce Attorney Help in Mediation?

In short, an experienced divorce attorney will play a vital role in your mediation as an advocate, advisor, and protector. Your divorce attorney will;

  • With mediation comes the need to compromise. A skilled family law attorney can advise you of the strengths in your case and issues that may benefit with negotiation.
  • In some cases, divorcing spouses are not aware of what would be considered “lawful” or “reasonable” under the law. Your divorce lawyer can advise you on how a judge might rule if you are not able to settle in mediation.
  • A critical responsibility of your family attorney is the safeguard the arrangements between you and your ex-spouse. A written agreement will need to be drafted so that it is enforceable and without any vague or unclear language that could lead to additional conflict in the future.

How Emy Cordano Can Help?

With the emotional strain, divorce and child custody can bring, obtaining expert counsel is crucial. An experienced Salt Lake City divorce attorney can help get you the best outcome in your mediation by advocating for what is just and fair with your best interests in mind. In addition, we can ensure the written agreement at the end of mediation reflects what you agreed to without any ambiguities that may cause problems in the future.

When you need skilled representation, you need Emy A. Cordano, Attorney at Law. Schedule an initial consultation today by clicking here or calling us at 801-804-5152.

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