Mediation is not court. A mediator cannot impose a solution on the parties like a judge does. Rather, mediation creates a safe environment where the parties can discuss the issues that are most important to them and create options that are satisfying to both of them. Mediation is often a preferable option to court because parties can develop solutions that are tailor-made to their specific circumstances. Moreover, solutions created in mediation can often benefit both parties, rather than the win-lose scenarios often encountered in court.

The mediator serves as a neutral third party whose purpose is to promote communication and help the parties in their conversation to discover solutions that are mutually satisfying to both of them. The mediator can help the parties speak effectively to one another, clarify meaning, generate options, and negotiate solutions with which they can both agree.

The length and number of mediation sessions depends largely on the facts and circumstances of your case. In my experience, a typical family matter can be resolved in about a 4-6 hour session. Sometimes, it takes less time, sometimes a bit more. There are times where it makes sense to schedule an additional session to resolve all outstanding matters. Whether you remain in mediation or schedule additional sessions is entirely up to you.

It is perfectly acceptable to attend mediation by yourself if you are comfortable doing so. In Utah, you are generally allowed to have one support person with you at mediation if you desire. If you are represented by an attorney, then your attorney can act as your “support” person. If you desire to bring additional people, then they can only participate in the mediation session if both parties agree to their presence. When bringing other persons to mediation, it is useful to consider how that person will affect the other party and whether their presence will be helpful to the discussion. Please do not bring children to the mediation session.

No. You do not need an attorney to schedule and participate in mediation. If you are represented by an attorney, his or her presence at mediation is up to you and is certainly welcome. Parties who have access to an attorney can decide whether to have their attorney attend the mediation session. If you do have an attorney, having your attorney attend the mediation session, or at least be available by phone during the session can be very helpful to answer legal questions and otherwise inform your agreement.

Whether the parties are together or apart in mediation is ultimately up to the parties. Generally, during the mediation session, the parties will be together for some of the session and may separate at times to discuss particular issues – all depending on the circumstances of the case. Keep in mind that, in general, mediation time can be more efficient if the parties are able to remain in the same room. That being said, there are reasons for which it makes sense for the parties to remain apart for some or all of the mediation session, including party comfort level and cases involving domestic violence.

Since the pandemic, most mediations happen on Zoom. That being said, the mediator is also happy to come to an attorney’s office for represented parties if that is desired or preferred, or by other arrangement.

Again, this depends largely on the issues that you need to discuss in mediation. If you have an attorney, you should speak with your attorney about mediation in general, what you should expect, and how you and your attorney will interact at the mediation session. You can gather any documents that you feel would be helpful to you in making decisions at the mediation (see next question). It is also helpful to think of your goals for mediation and various options that you are willing to consider when discussing these goals with the other party. Keep in mind that mediation is not court, and no particular outcome or result can be forced on you or the other party. Mediation is more like a negotiation, and the more options that you can consider beforehand that you think the other party may also be open to will help the session be more effective and efficient.

What you need to bring depends largely on the types of issues that you want to discuss at mediation and the decisions that you will need to make. Feel free to bring any documentation to the mediation that may assist you in this. This includes such things as pay stubs, W2s, tax returns, retirement information, valuation and mortgage information on a home, health insurance information, information with regard to the existence and value of real and/or personal property or other holdings, and any other documents that you believe would be helpful.

Clark mediation does provide discounts for modest means and low income parties and for any party who is willing to have a student observer present at the mediation session. Please call to inquire about discounts.

This depends on the mediator’s calendar. The mediation generally can be set up within two to four weeks of the parties contacting the mediator. Sometimes, there are cancellations, which would allow for shorter term scheduling.

Yes. However, please provide at least 2 business days of advance notice to the mediator if you intend to cancel so that the mediator can adjust her plans accordingly. Generally, there is no penalty for cancellation, however, if a party cancels too close to the mediation session, or doesn’t show up to the mediation session, that party will be charged a cancellation fee equal to one hour of mediating.

You do not need to sign a written agreement unless both you and the other party want to do so. If you do reach agreement with the other party at mediation, you can choose whether to have that written up at the mediation session and signed at that time, or you can choose to review your agreement with legal counsel prior to signing. An agreement reached at mediation is only enforceable once it is signed by both parties. The only document you will be asked to sign at mediation is the mediator’s Agreement to Mediate, which evidences your willingness to participate in the mediation session, maintain the confidentiality of the session, and pay the mediator fee.

Yes. The mediator will not voluntarily reveal anything discussed in mediation without the permission of both parties. However, the mediator is legally required to report certain matters such as incidents of child abuse, abuse to an elderly or incapacitated person, and threats of physical violence. Accordingly, confidentiality does not extend to these matters. Other than these instances, the mediator cannot be called as a witness in any legal or administrative proceeding concerning the dispute. Likewise, the mediator’s notes or records cannot be used in any trial. By law, mediation sessions cannot be recorded by any means.