Mediation is a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. A mediator is simply an independent third party who listens to both sides and helps the sides determine if there is a compromise that is acceptable to both sides.
Mediation is not binding arbitration where a final decision is forced upon the parties. Mediation is also not litigation where a judge or jury makes a final decision. Accepting a resolution in mediation is voluntary. However, please note that many courts require you to attend mediation before a trial can be held. This is because courts have found that often times people can resolve their differences without the expense of full blown litigation. The only winners in litigation are the litigation lawyers.
Mediation works best when you approach the mediation process calmly and methodically. Prepare the documentation and statements that you feel advance your point of view in the dispute. If possible, provide those to the mediator ahead of time. During mediation, try to stay calm and business-like. Name calling, rude comments, etc. are not appropriate in a mediation scenario.
Attorneys are not required for mediation. Mediation is an informal process. However, attorneys are also not prohibited in a mediation. It is a personal decision whether an attorney is desired. Be sure to let the mediator know ahead of time if you will be bringing an attorney with you.
Mediation is not binding arbitration where a final decision is forced upon the parties. Mediation is also not litigation where a judge or jury makes a final decision. Accepting a resolution in mediation is voluntary. However, please note that many courts require you to attend mediation before a trial can be held. This is because courts have found that often times people can resolve their differences without the expense of full blown litigation. The only winners in litigation are the litigation lawyers.
Mediation works best when you approach the mediation process calmly and methodically. Prepare the documentation and statements that you feel advance your point of view in the dispute. If possible, provide those to the mediator ahead of time. During mediation, try to stay calm and business-like. Name calling, rude comments, etc. are not appropriate in a mediation scenario.
Attorneys are not required for mediation. Mediation is an informal process. However, attorneys are also not prohibited in a mediation. It is a personal decision whether an attorney is desired. Be sure to let the mediator know ahead of time if you will be bringing an attorney with you.
STEP
1
You have an issue with someone that you are unable to resolve between yourselves.
STEP
2
You both agree that you would like to try mediation as a way to resolve the conflict.
STEP
3
You both agree on a mediator.
STEP
4
You schedule time with a mediator and pay for your initial mediation session. Often there is a minimum time that can be scheduled.
STEP
5
You give the mediator background information on your issue. Remember that the mediator does not advocate for one side or the other. Hence, do NOT give the mediator documents or information that you want kept secret from the other side.
STEP
6
You both meet with the mediator at the arranged time and location. Be on time! While you may bring an attorney if you desire, you will pay for those costs personally.
STEP
7
The mediator meets with each party together and separately if needed to understand each person’s side of the story and to look for common ground.
STEP
8
The mediator reviews the common ground and presents that as a possible solution to the issue. If the parties agree, you proceed to Step 9, if not, you go back to Step 7. If after several attempts to find a common ground it is clear there will be no resolution, you proceed to Step 10.
STEP
9
A resolution is drafted incorporating the agreed resolution of the parties and is signed by all.
STEP
10
The two parties agree to either try mediation again later or else proceed to arbitration or litigation as required.
Note: The mediator cannot be deposed or called as a witness in any litigation or arbitration. The mediator’s notes are not allowed to be subpoenaed.
Working with Utah Mediation Services is simple and straightforward. To schedule a mediation session, simply click on the link called Schedule A Mediation Session. That link will take you to the calendaring system where you can schedule a 2 hour zoom conference. Payment is required at that time. Most parties agree to share the cost of mediation so you will want to coordinate that ahead of time. Upon scheduling the time, you will be emailed the Mediation Agreement and asked additional basic information. You may also view the Mediation Agreement directly on the Website. If needed, Utah Mediation Services will coordinate obtaining Mediation Agreement signatures by all parties through electronic signatures. Note that mediation cannot commence until the Mediation Agreement is signed by all parties.
The initial mediation session is set for two hours. Additional time may be scheduled if needed.
You can send background information to the mediator prior to the session. In fact, this is encouraged. But since the mediator does not take sides, do not send anything that you don’t want shared with the other side.
Working with Utah Mediation Services is simple and straightforward. To schedule a mediation session, simply click on the link called Schedule A Mediation Session. That link will take you to the calendaring system where you can schedule a 2 hour zoom conference. Payment is required at that time. Most parties agree to share the cost of mediation so you will want to coordinate that ahead of time. Upon scheduling the time, you will be emailed the Mediation Agreement and asked additional basic information. You may also view the Mediation Agreement directly on the Website. If needed, Utah Mediation Services will coordinate obtaining Mediation Agreement signatures by all parties through electronic signatures. Note that mediation cannot commence until the Mediation Agreement is signed by all parties.
The initial mediation session is set for two hours. Additional time may be scheduled if needed.
You can send background information to the mediator prior to the session. In fact, this is encouraged. But since the mediator does not take sides, do not send anything that you don’t want shared with the other side.
Pattie S. Christensen is the primary mediator. There are also other mediators who may be available. These mediators specialize in construction issue and contract issues. All mediators have completed official mediation training. To check the availability of one of the other mediators for your issue, please email intake@utahmediationservices.
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