Mediation FAQ
FAQ for Teleconference Mediations
Q: What should I do to prepare for my mediation?
A:
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Review, sign and return the Agreement to Mediate that was emailed to you. If you have not received this document, please email us at sandra@dredgelaw.com; to request a copy. Mediation cannot take place without each party’s signed agreement to mediate.
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If you do not already have the Zoom platform visit https://www.zoom.com/ to download the app. If you are familiar with the Zoom app visit: https://zoom.us/test to test your connection.
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Prepare electronic copies of any financial or title documents that you may need to resolve the issues that bring you to mediation. These documents may be viewed and shared during mediation.
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If necessary, prepare a Financial Declaration, your attorney will provide this document. If you do not have an attorney visit: https://www.utcourts.gov/en/self-help/case-categories/family/financial-declaration.html
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Prepare to pay for the mediation in full by credit/debit card at the conclusion of the mediation.
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Submit a copy of any active protective order(s) by email prior to the mediation.
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Minor children cannot be present or be able to hear the mediation. Please make whatever arrangements you may need for childcare. Also plan ahead to ensure your surroundings are as quiet and interruption-free as much as possible.
Q: Where will the mediation take place?
A: Your mediation will take place via Zoom. At the time of your mediation, join the meeting using the URL or Meeting ID referenced in the email. If you have an attorney, you may choose to attend mediation from your attorney’s office with your attorney facilitating the Zoom meeting with the mediator. You will need to contact your attorney to make these arrangements.
Q: When should I join the Zoom meeting?
A: Join the meeting at your scheduled mediation time. Due to multiple recipients checking in at the same time there may be a 5-10 minute wait time to be admitted to the meeting.
Q: What should I expect when I join the online mediation?
A: When you click the “join meeting” button you may be prompted to wait, the host (our office) will admit each party separately to a general waiting room, greet you, confirm you have signed the agreement to mediate document, and move you into a private breakout room. If attorneys are attending, our mediator will first meet with the attorney’s in a private caucus. After this caucus your attorney will join your breakout room. The mediator will move between rooms to speak with the parties and attorneys in their own breakout rooms.
Q: Who can I bring with me to the mediation?
A: Under Utah law* you have the right to bring one other person with you to mediation. If your attorney is attending, he or she will be that person. If you do not have an or your attorney will not be attending, you may choose another individual to accompany you to your mediation. Any additional individuals you want to bring to support you (e.g., a significant other, wife, husband, family member or friend), must be agreed upon by both the other party and the neutral or neutrals involved (i.e. mediator). Please be aware that if you arrive at mediation with both your attorney and another person to support you, the second person may not be able to attend.
*Utah Uniform Mediation Act: “an attorney or other individual designated by a participant may accompany the party to, and participate in, a mediation.” (UCA § 78B-10-110).
*Utah’s Alternative Dispute Resolution Act: “unless all parties and the neutral or neutrals agree only parties, their representatives, and the neutral may attend the mediation sessions.” (UCA § 78B-6-207).
Q: What if I don’t speak English?
A: If you need an interpreter, you are responsible for providing one and for the cost of your own interpreter.
Q: How much does mediation cost?
A: The mediation fee is $250 per hour, split equally by the parties. The fee applies to all hours spent at mediation and preparing the Stipulation during mediation. The hourly rate applies from the time mediation is scheduled to begin until the mediator concludes the meeting.
Q: How long does mediation take?
A: Mediations generally last 5-7 hours but may be shorter or longer depending on your individual circumstances. Our office will conclude the mediation at 5:00 p.m. If needed, you may schedule a second mediation session for a later date.
Q: What happens if I need to cancel my mediation?
A: We encourage you to cancel only as a last resort. Mediation can be difficult to reschedule. Our office has a cancellation policy that requires a 7-business day notification. Please refer to the agreement to mediate to review this policy.
Q: What happens after mediation?
A: During your mediation our office will draft a document called a stipulation. If an agreement is reached, all parties will be provided with a copy of the Stipulation. Our office does not file any documents with the Court. The mediator does not have authority to enforce a mediated agreement and cannot offer advice about how to proceed after your mediation has concluded.