How does mediation and alternative conflict resolution work?
“Peace is not merely a distant goal that we seek, but a means by which we arrive at that goal.”
Mediation and other forms of alternative dispute resolution keeps decision-making in your hands. In court, a judge will issue an order, usually in favor of one party or the other. In mediation, a resolution is reached only when all parties come to an agreement they can live with. Mediation can be faster and more cost-effective than litigating a case in court.
Parties know best what will work for them or their family. Mediation taps into the creative problem-solving skills we all have and can thereby result in more workable solutions.
Dr. Martin Luther King, Jr.
Mediation is voluntary. The process only goes forward if all parties want to make a good faith effort to work together to resolve their issues.
Mediation is confidential. All parties, and the mediator, sign an agreement to keep all information (with the exception of certain safety issues that mediators are required to report) shared during mediation confidential. Nothing disclosed during mediation can be used in any future court proceeding and parties agree not to subpoena a mediator to testify.
TalkWorks approach to mediation
1
Resolving issues
The immediate objective is to address conflicts, relieving stress and creating a clear, step-by-step, path forward.
2
Fostering collaboration
By encouraging constructive communication and supporting the development of new skills, we pave the way for personal growth and more positive interactions.
3
Implementing change
We assist people and organizations to integrate effective conflict resolution strategies, enabling them to transform the current condition into a more promising future.
"Dialogue is the most effective way of resolving conflict."
— TENZIN GYATSO, THE 14TH DALAI LAMA
FAQs
Is divorce mediation mandatory in Utah?
Utah Code Section 30-3-39 requires parties engaged in a contested divorce to participate in mediation prior to a having their case heard in court. Parties may file a motion requesting this requirement be excused.
Does mediation work?
With a well-trained, experienced mediator, the process can be highly effective in resolving disputes. Because parties create their own workable solutions and agree to them willingly, they are more apt to adhere to them. Because the process is less adversarial than court, mediation and other alternative dispute process also tend to preserve, even heal relationships, rather than damage them – an important consideration for parties such as co-parents, family members, business partners, etc.
What happens if we don’t come to an agreement during a mediation session?
If parties are making progress and need more time, they can choose to continue the mediation on a later date. If they decide they cannot come to agreement, they can take their case to court and let a judge decide.
How long does mediation take?
This depends on many factors including the type of case, how complex the issues are, how well parties are able to communicate and work together, and how ready parties are to move past the conflict.
Is mediation expensive?
Mediation is generally much less expensive than litigation. Even if you do not hire an attorney, court fees and time spent time preparing for and appearing in court can mean considerable expense. Mediation is scheduled at a time that is convenient for all parties.
Who pays for mediation?
Unless otherwise agreed to by the parties, the cost of mediation is shared equally among the parties. Full payment for mediation is expected at the time of service.
Do I need a lawyer for mediation?
No, although parties are always welcome to bring a lawyer with them to mediation. Parties may also have an attorney review draft agreements made in mediation before finalizing them or engage legal services to file agreements with the court.
What does it mean when you say a mediator is a “third-party neutral?”
Mediators do not advocate for either party and are therefore considered a “third” party. Mediators should never take a case where they feel they cannot maintain an objective, neutral position relative to the parties or the issues in dispute. Mediators must disclose any potential conflicts of interest and are trained to acknowledge and address their own personal biases.
Can the mediator give us legal advice?
No. Mediators – even those who are attorneys – are prohibited from providing legal advice.
Will the mediator recommend potential resolutions?
The role of a mediator is to promote constructive communication between the parties. Sam practices “facilitative” mediation in which the mediator’s role is to facilitate dialogue, not to make decisions or offer advice. Sam will help parties access information they need to make their own informed decisions.
Can I bring my spouse, friend, sibling, etc. with me for support?
Parties are welcome to bring a support person to mediation, provided all parties agree in advance who will attend. The mediator will seek to ensure everyone feels as comfortable as possible participating in mediation and will strive for opposing parties to have balanced representation.
What do I need to bring to mediation?
It may be helpful to bring certain documents to mediation. The mediator will advise you on this prior to mediation.
Are there specific ethical guidelines for mediators in Utah?
Yes. Utah has approved a Best Practices Guide and as part of their admission to the court roster are required to pass an ethics test and take ongoing training in ethical practice.