Divorce is never easy, but for many couples in Utah, mediation offers a more peaceful, efficient, and cost-effective path to resolution. In fact, most divorce cases in Utah are resolved during mediation rather than through a lengthy and expensive trial.
If you’re considering divorce or have already filed, understanding what happens during mediation can help you prepare, reduce stress, and make the most of the opportunity to resolve your case. Here’s what you can expect during a typical divorce mediation in Utah:
What Is Divorce Mediation?
Mediation is a structured negotiation process where both spouses work with a neutral third-party mediator to resolve the issues in their divorce. This includes topics such as:
- Division of marital property and debts
- Child custody and parenting time
- Child support
- Alimony (spousal support)
Mediators don’t make decisions or give legal advice. Instead, they facilitate communication, clarify issues, and help both parties reach a mutually agreeable settlement.
Is Mediation Required in Utah?
Yes—Utah law requires most divorcing couples to participate in at least one mediation session before the case can go to trial. The goal is to encourage resolution outside of court whenever possible.
How to Prepare for Mediation
Before your mediation session, you and your attorney should:
- Identify your goals and priorities. Know what matters most to you—whether it’s parenting time, keeping the home, or financial security.
- Gather documents. This may include tax returns, pay stubs, bank statements, debt information, and retirement account balances.
- Discuss strategy. Your attorney can help you understand likely outcomes and where flexibility might serve you best.
What Happens During the Mediation Session?
Mediation typically takes place in an office or online via video conferencing. The mediator will explain the ground rules and then give each side a chance to speak.
In most cases, the parties will be placed in separate rooms (or breakout rooms online), and the mediator will go back and forth to relay offers and explore potential resolutions. This is called “caucus-style” mediation and can help reduce tension and encourage open dialogue.
The mediator will:
- Help clarify legal and practical issues
- Encourage compromise
- Suggest options when negotiations stall
The process is confidential, and anything discussed in mediation cannot be used in court if the case doesn’t settle.
What If We Reach an Agreement?
If the parties reach a full or partial agreement, the mediator will typically draft a “Memorandum of Understanding” or summary of terms. Your attorney can then prepare a formal settlement agreement to file with the court.
Once approved by the judge, the agreement becomes part of your divorce decree and is legally binding.
What If Mediation Doesn’t Work?
If you’re unable to reach an agreement, the case will proceed through litigation, including pretrial hearings and possibly trial. However, even partial resolution during mediation can significantly narrow the issues and reduce future legal costs.
Why Mediation Works for Most Couples
Mediation gives spouses more control over the outcome, encourages cooperation, and can preserve a working relationship—especially important when children are involved. It’s also:
- Faster. Avoid long delays in the court system.
- Cheaper. Mediation is often far less expensive than trial.
- Private. Keep sensitive matters out of the public record.
- Flexible. Solutions can be customized to fit your family’s unique needs.
Let Us Guide You Through Mediation
At Weekes Law, we’ve helped hundreds of clients successfully resolve their divorces through mediation. We prepare you thoroughly, protect your legal rights, and advocate for a fair and lasting agreement—without unnecessary conflict or cost.
If you’re considering divorce or have a mediation session coming up, contact us today for a confidential consultation. We’ll help you understand your options and prepare you for the road ahead.
Need help with your divorce or mediation in Utah?
Call us at (801) 610-1988 or schedule a consultation online at https://www.weekes-law.com/sc/.
