Preparing for Mediation | Tips from a Utah Divorce Attorney

In Utah, parties to a contested divorce must attend at least one mediation session in good faith if they are unable to settle in their divorce. Mediation can be an effective means of resolving a divorce or other family law dispute. However, the key to every mediation is the preparation prior to actually attending the session. With a good Utah Divorce Attorney properly preparing you and your case for mediation, your chances of exiting the mediation with a successful settlement may be greatly increased. Below are a few tips on how to prepare for mediation to give you the best chance of reaching a resolution you desire.

The Mediator Can Make All the Difference

First, choosing the right mediator can make all the difference in the world in your case. At Salcido Law Firm, we work closely with the best mediators in the state. If you do not have an attorney and are searching for a mediator on your own, here are a few things to keep in mind. Avoid mediators who have no background or experience in divorce and family law. Many mediators out there have never practiced law in any form, were never lawyers, were never judges, and have very little experience or background in divorce issues. Avoid these types of mediators. Additionally, even though a mediator may be an attorney, if their background is not in divorce, you may want to consider going a different direction.

Prepare Your Finances

In all contested divorce cases, both parties must make certain disclosures including providing each other with a complete financial declaration. Prior to mediation you should provide your soon to be ex with your complete financial declaration and all supporting financial documents. You should ensure the other party has provided you with the same so there is a clear understanding of the assets, values, and all other financial matters disclosed up front. Preparing your finances also means preparing your arguments regarding child support, alimony, attorney fees, etc. Be able to provide a competent explanation to support your position. Simply stating you want xy and z without giving any support will likely get you nowhere. If you have a lawyer, this is his/her job but make sure they understand where you are coming from on the issues as they can only be as effective as the information you provided them.

Know How Your Facts Apply to the Law

This is where an attorney can really be of value to your case in mediation. A good divorce lawyer in Salt Lake City will know exactly how your facts apply to the law and what you could expect a judge to do with any of the many issues you may be facing. More often than not, when a mediation is unsuccessful it’s because one of the parties does not realize it when the law is not on their side. You need to go into mediation with a realistic expectation of what may happen at trial if you do not settle. If you have a good idea of what a judge will do in your case, you will know where it makes sense to settle and where it may make sense to put up a fight. A lawyer’s primary job in mediation is to give a legal opinion on each issue and let you know where your strengths and weaknesses in your case may be.

Don’t go Blind

Don’t go into mediation blind. At our law office, we provide representation at mediations on a flat rate basis. Call us today to get a legal analysis of your issues and to discuss mediation options.

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