FAQs
What is Mediation?
Mediation is a voluntary, collaborative process to resolve disputes using the help of an impartial, neutral mediator to facilitate the communication, to help brainstorm solutions, and to assist the parties to reach a resolution to the disputes between them.
can i still attend mediation if there is a protective order in place?
It depends on the terms of the protective order. We can schedule and hold mediation as long as the protective order clearly states that communication for the purpose of mediation is allowed. Your mediator needs to know at the time of scheduling that a protective order has been entered.
can i bring someone with me to mediation?
You are entitled to bring a support person with you to mediation. “An attorney or other individual designated by a party may accompany the party to, and participate in, a mediation. A waiver of participation [for any other person] given before the mediation may be rescinded.” Utah Code § 78B-10-110. Some friends and family can be very helpful during the mediation, but there are people who may be less than helpful during the mediation process. So, be sure if you are bring a support person that you are confident that they will help, not hinder, the process.
what is document drafting?
When you reach a resolution in mediation, part of the mediation process to complete the “Settlement Agreement” which details the agreement reached. That document can be filed with the court. However, to finalize your divorce, there are several additional documents that need to be completed and filed in order for the Court to enter a final Decree. Mindi is a licensed attorney in Utah and provides flat fee document drafting services for clients who are not represented by an attorney. Mindi will draft the required documents to finalize your divorce for a flat fee (Petition for Divorce, Findings of Fact and Conclusions of Law, Decree of Divorce, along with the other necessary paperwork). Those documents will be provided to both parties for review and signature, and file everything with the Court for your case.
Will i be in the same room as the other party?
Most likely, no. Mindi has found that due to the highly emotional nature of divorce and family law disputes, mediation is more successful when the parties are in separate rooms (virtual or in-person) and she goes between them to facilitate the mediation. The parties will only be put all together if all parties involved agree to do so. Otherwise, whether mediating virtually over Zoom, or in-person, the parties will be separate.
How much does mediation cost?
Mediation is $200 per hour. That cost is typically divided equally between the parties and is to be paid at the conclusion of the mediation session. Mindi accepts all types of credit or debit cards, as well as Venmo.
why choose mediation for divorce or family law disputes?
When a couple is divorcing or has a dispute involving custody, parent-time, or other family issue, the emotional impact is significant. When you choose to engage in the process of litigation, including going to court over the dispute, the conflict between two of you will be elevated even further by the adversarial nature of the courtroom. In contrast, mediation is focused on solutions and reaching a functional agreement that allows you to move forward without having to demonize the other party. The mediation process is collaborative and solution-oriented, which can help to have a business-like, workable relationship moving forward, which is important, especially if you will be co-parenting.
Do i need an attorney to attend mediation?
No. Mindi is happy to help parties who are not represented to resolve their divorce or family law dispute through mediation. That being said, it is strongly encouraged that you consult with a competent attorney so that you know your rights and obligations. There are a lot of details when you are divorcing or addressing family law disputes. As a neutral mediator, Mindi can explain what the law is and help you brainstorm solutions, but she cannot provide legal advice to either party. You have the responsibility to obtain the legal advice that you need by either bringing your attorney with you to mediation, or consulting with an attorney to get the legal advice you need prior to attending mediation.