Learning About Utah Divorce Mediation

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As of May, 2005, there is a requirement for parties filing any response to a divorce to complete at least one session of divorce mediation. The state of Utah divorce mediation requirement is designed to help couples have a collaborative process that will keep the high conflict divorces to a minimum. When children are involved, Utah divorce mediation helps set the framework between parents to co-parent their children more effectively.

The parties are responsible for selecting a divorce mediator for their Utah divorce mediation. The cost of the mediation is most frequently split evenly between the parties. The average length of the first session of mediation is two hours. The parties and mediator can determine if more sessions are needed to benefit the couple and settle all of their disputed issues in their divorce.

In order to have a productive session with the divorce mediator, both parties need to go to the mediation session in good faith. This simply means that parties should leave their boxing gloves at home. Mediation is the process of putting the feelings aside, negotiating the issues which need to be addressed, and be willing to work with both the mediator and the other party.

This can be particularly difficult in the high conflict situations when the habits of fighting have taken over and feelings are especially raw. There is a special stipulation for parties between whom there is a protective order. The order must be modified to allow the parties to meet in mediation. In order to do so, you will need to contact an attorney or legal aid clinic to modify the order.

In order to have a successful and productive Utah divorce mediation, all parties must feel safe both emotionally and physically. If you truly do not feel that this can be accomplished, you can call the Utah Divorce Mediation Help Line at 1-800-620-6318 all of Utah or 801-578-3966 in SLC - to discuss the options available to the couple. There can be a request for a dismissal of the requirement, but it is not granted lightly or easily.

Studies have shown that parties who complete productive and successful mediation processes are more satisfied with the outcome and are better able to handle the challenges of working with an ex-spouse after divorce, especially when children are involved. It is always in the best interests of the children to have parents that can work together and lovingly co-parent.

Another benefit to divorce mediation rather than a divorce court is that the financial burden is far lower to both parties. When parties use attorneys and fight it all out in the courtroom, the result is that the judge has the final word in the outcome of the case and often neither party is happy. Mediation allows both parties to have some input as to the outcome, and while the results may not be what either party is perfectly happy living with, when the courts decide the fates of your family, you are fairly powerless in giving your input beyond giving your testimony during hearing.

Not only is there a legal requirement for divorcing parties to attend and participate in divorce mediation when issues are contested, there are many practical issues that are addressed and resolved by participating in divorce mediation in good faith. Co-parenting is easier when mediation is the framework for a divorce. There is less of a financial strain to both parties when a hearing is avoided. There is something more empowering to working towards deciding your own fate as well as that of your children in mediation that is not present in a hearing. Divorce mediation can benefit divorcing families at the time of the divorce as well as in the years to come.
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