Finding a new way forward
In Utah the divorce process includes a mandatory divorce mediation. One of the stated hopes by the Utah Courts is that: “Mediation is structured to focus parties on a common interest: the resolution of the disputed issues and, when children are involved, the future of their children.”
While mediation is a mandatory step in divorce proceedings, the mediation process is designed to empower couples to reach their own agreements with the support of a qualified mediator. While the mediator has understanding of the legal statutes it is not the mediator's role to advise or make decisions for you.
Mediation is your chance to make your own decisions. Once you take your case to trial, the judge will decide for you. Litigation and mediation are different tools and useful in different situations. What mediation can give you is a process that is more flexible.
The mediation process allows for creativity and collaboration so that agreements are both compliant with state laws and are specific to your own unique situation. A mediator does not represent either party but instead takes a neutral position to work toward fair and mutually satisfactory agreements.
Mediation allows you the space and support to solve issues together, whether tension and conflict is high or you feel neutral or positive towards one another.
