Mediation Archives - Divorce Utah

If we agree on child support and custody, can the judge reject our agreement?

March 12, 2020

Child Custody, Child Support, Custody, Mediation, Settlement

child custody, equitable, fair, feasible, mediation, out of court, reject, settlement

If my husband and I agree on child support and custody in mediation, can the judge reject our agreement? Yes. A judge is not obligated to approve of and adopt as his/her child custody order the agreement the parents may…

Must I engage in all-day divorce mediation or some other time period?

Must I engage in all-day mediation in my divorce action, or for some other specific time period? No, there is no mandatory minimum period of time you must spend in mediation. You don’t have to stay in all-day mediation or…

How much does a collaborative divorce cost?

February 3, 2020

Divorce Utah

Amicable Divorce, Divorce Mistakes, Divorce Preparedness, Mediation, Negotiation, Settlement

ADR, alternative dispute resolution, collaborative divorce, collaborative law, cooperative, cost, lucrative, Mark Baer, mediation, money, scam, trendy

How much does a collaborative divorce cost? Too much, generally. Odds are that if you attempt to settle your divorce through what is called the “collaborative law” process your experience will be a negative one and/or one that cost you…

2019 UT App 207 – Peeples v. Peeples – modification of child custody

January 7, 2020

Divorce Utah

Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Custody Modification, Children in Divorce, Co-parenting, Contempt of Court, Coping With Divorce, Custody, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Expert Witnesses, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, GAL (Guardian ad Litem), Joint Legal Custody, Mediation, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Negotiation, Parenting Plan, Physical Custody, Procedure and Evidence, Protective Orders, Restraining Orders, Sole Custody, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2019, 2019 UT App 207, best interest, bifurcate, bifurcated decree, children failed to demonstrate substantial change in the circumstances, clear error, custody evaluator, December 19, denied visitation, distinction between stipulated and adjudicated decrees, domestic relations commissioner, emotional, emotional abuse, failed to meet burden to prove change in circumstances, five out of every fourteen, guardian ad litem, in “high conflict” cases burden of demonstrating a change in circumstances is higher than normal, incorrect legal standard decree was stipulated rather than adjudicated, intellectual, joint legal custody, modify divorce decree, moral development, motion to dismiss, no change in circumstances, no separate standard that courts are to apply in high-conflict cases when considering whether a substantial change of circumstances is present in the context of a petition to modify, Opinion No. 20180713-CA, overnights, PEEPLES v. PEEPLES, ping-pong custody awards, presence or absence of a substantial change in circumstances, primary physical custody, protective order, reasonable degree of stability, res judicata, school year, settlement conference, sole custody, sole physical custody, stable employment, stable home environment, summertime, Utah Code Ann. § 30-3-10.4(2)(b), Utah Court of Appeals, violations of decree could be resolved in contempt proceedings, violence

2019 UT App 207 – THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt Lake Department The Honorable Andrew H. Stone No. 044901980 Brian…

Why doesn’t family law immediately use collaborative law practices to reach decisions?

Because 1) paradoxically, those for whom the true collaborative law process would work best are those who really don’t need collaborative law; and 2) “collaborative law” as it is practiced (as opposed to how it should be practiced) are not the same thing. Now there’s going…

Good and Bad Advice About Preparing for Mediation

March 29, 2019

Divorce Utah

Dirty Tricks, Divorce Preparedness, Mediation, Men's Divorce Issues, Settlement, Women's Divorce Issues

bad advice, good advice, mediation, negotiation, prepare, settlement, take care, warning

There’s a lot of advice on how to prepare for and go to mediation successfully. But how good is the advice? Let’s find out. Read this article about how to prepare for a successful mediation (I didn’t write this one):…

A real client’s questions about divorce settlement and mediation

Here is a real client’s questions about divorce settlement and mediation. Don’t worry, I’ve removed the names and changed out the details to protect confidentiality. This client asked a lot of questions that frequently come up, so the client’s e-mail…

Why can’t family law court mediators have their custody reports challenged?

October 31, 2018

Divorce Utah

Mediation, Settlement

Why can’t family law court mediators have their custody reports challenged? In my jurisdiction (Utah), mediation is a completely confidential process. Mediators are statutorily barred from making a report to the court and cannot be compelled to testify by either…

What is Divorce Mediation, and How Does It Work in Utah?

October 26, 2018

Divorce Utah

Mediation, Settlement

Mediation is an alternative to traditional courtroom litigation.[1] Mediation can provide (but does not guarantee) a quicker, and often less expensive resolution for your divorce case. During mediation, the parties to a divorce meet with a neutral third party–a mediator–and…

A Spouse’s Questions about the Divorce Mediation Process

May 14, 2018

Divorce Utah

Attorney Fees, Coping With Divorce, Dirty Tricks, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Mediation, Negotiation, Settlement

Questions: If we go to mediation, can I hire an attorney after to review the documents from mediation before I sign anything? What if I hire an attorney before we meet with a mediator? Do I have to tell the…

February 13, 2018

Divorce Utah

Dirty Tricks, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Mediation, Negotiation

So many divorcing people pin so much hope on mediation and settlement. While a fair negotiated settlement is obviously desirable, negotiation is only as valuable as it is effective. With that in mind, read this and understand better when negotiation…

Look, I know you want to believe mediation is the magic pill for divorce but you’re missing a crucial point

January 18, 2018

Divorce Utah

Coping With Divorce, Dirty Tricks, Divorce Education and Orientation Courses, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Fathers' Divorce Issues, Mediation, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

Way too many mediators (whether of the collaborative stripe or other persuasion) insinuate that 1) divorce without mediation is doomed to anger and misery; and 2) merely engaging in mediation magically sucks the conflict from the room and opens stunning…

Can I Negotiate with My Spouse, If My Spouse Has a Lawyer?

October 13, 2017

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Mediation, Negotiation, Settlement

Is there a legal remedy where an ex-husband and wife in the middle of a custody battle can speak freely and off the record through their lawyers without fear of what’s said being used against each other? If you are…

How can I speak freely and off the record with my spouse without what’s I say being used against me?

August 30, 2017

Divorce Utah

Divorce Law, Divorce Procedure, Evidence, Mediation, Negotiation, Settlement

QUESTION: Is there a legal remedy where an ex-husband and wife in the middle of a custody battle can speak freely and off the record through their lawyers without fear of what’s said being used against each other? ANSWER: If…

Am I required to hire a lawyer for divorce mediation?

May 11, 2017

Divorce Utah

Coping With Divorce, Divorce Education and Orientation Courses, Divorce Lawyers, Finances, Mediation, Premarital Counseling

divorce, documents, lawyer, mediation, planning, review

Question: Can I hire an attorney after to review the documents from mediation before I sign anything? What if I hire an attorney before we meet mediation? Do I have to tell the mediator that I have an attorney? Will…

Utah Divorce Timeline – Understanding How Long Divorce Can Takes in the Courts

April 6, 2017

Divorce Utah

Divorce Court, Mediation, Procedure and Evidence, Uncategorized

Divorce Court, divorce procedure, Utah Divorce Court, Utah divorce procedure

The time frames described in this timeline set forth the general sequence of a simple and typical Utah divorce action that goes to trial. Utah Divorce Timeline Unique and special circumstances, rules, or situations could (and likely would) alter the…

Selling Personal Service vs. Running “a Business”

November 5, 2016

Divorce Utah

Coping With Divorce, Divorce Lawyers, Mediation, Special Circumstances

divorce lawyer, dump off, hand off, personal service

Personal service is getting scarce. That’s not necessarily a bad thing. Some services we’re happy to accept from a machine: a quick car wash, the convenience of an ATM. But some help (and the price paid for it) requires personal…

What to Do (not how to do it—that’s for a different article) Do to Negotiate Settlement in Divorce Successfully

February 9, 2016

Divorce Utah

Assets/Debt/Property, Divorce Court, Divorce Lawyers, Finances, Mediation

The value of settlement comes in resolving the dispute faster and more inexpensively than the litigation route. In most (not all) cases, it is better to compromise than to win the battles, but lose the war. Making compromise for the…

How to Represent Yourself or Make Limited Use of a Lawyer

January 6, 2016

Divorce Utah

Coping With Divorce, Divorce Court, Divorce Lawyers, Mediation

Divorce can be, and for most people, usually is to one degree or another overwhelming, complicated, and expensive. Many people choose to hire an attorney to represent them in divorce proceedings, but the law and the courts do not require…

Adultery and Divorce in Utah

January 6, 2016

Divorce Utah

Coping With Divorce, Divorce Court, Divorce Lawyers, Mediation

Some might say that Utah is backwards, a little too old fashioned for these modern times. “After all,” some think, “as long as sexual intercourse occurs between two consenting adults, what does it matter if one of the parties was…