01 — What is Mediation?

Mediation is the confidential process in a legal case which gives the parties an opportunity to participate in settling the case. In Utah, it is a step in the law process where the parties collaborate and use a third party, a mediator, to assist in reaching a resolution.

02 — Who is present in Mediation?

The people necessary for mediation are the two parties and the mediator, however, many people choose to have an attorney with him/her to assist in the legal negotiations. People sometimes bring a close family member if he/she feels more comfortable doing so, however, all individuals who attend should keep the mediation discussions private and confidential.

03 — What is the Goal of Mediation?

The goal of mediation is to reach a final settlement of all issues in the underlying lawsuit and to reach a resolution that the parties are comfortable with. Reaching a settlement in mediation is the most efficient way of resolving a legal dispute and will save the parties time, money, and emotional distress if a resolution can be reached.

04 — Can Mediation be Used in Court?

No, everything that is discussed in mediation, including offers and counter-offers is confidential and inadmissible in court. Meaning, neither party can use settlement discussions or offers in court if the case is not settled in mediation.

05 — What are the benefits of Mediation?

The benefits of mediation are that the individuals get an opportunity to be creative in trying to resolve the issues in a way that may not be ordered if the case proceeds to trial. Another benefit is that the process is informal, which for many people, is more comfortable when trying to resolve legal disputes.