Mediation Archives

Law from a legal assistant’s point of view, week 38: Arb-med, part II

By Quinton Lister, legal assistant Last week I wrote a post about Arb-med and how it can benefit practitioners of law, particularly family law. In this post I will be addressing the specific benefits of Arb-med to those who are…

Law from a legal assistant’s point of view, week 37: Arb-med

March 28, 2022

Divorce Utah

Arbitration, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Law, Divorce Lawyers, Divorce Procedure, Judges, Justice and Equity, Lawyers, Legal Assistant, Legal System, Mediation

By Quinton Lister, legal assistant I have mentioned in previous posts that I am interested in the field of alternative dispute resolution, or “ADR”. What is ADR? Its any means of resolving a dispute without court action. If you have…

How can I enforce my power when I have final say in joint custody?

My sons father and I have joint custody but I have final say over his well being health and education. How can I enforce my power? If you are asking: “How do I enforce in good faith my final say authority over our son’s well-being, health,…

Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures

Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures By Quinton Lister, legal assistant My minimal exposure to the legal profession as a legal assistant to a divorce attorney has given me the opportunity…

Law from a legal assistant’s point of view, week 13: Thoughts on ADR

October 12, 2021

Divorce Utah

Arbitration, Divorce Court, Divorce Law, Family Law, Lawyers, Legal Assistant, Mediation

arbitration, divorce law, family law, law, legal assistant, legal field, legal practice, mediation

By Quinton Lister, Legal Assistant Part of what has drawn me to my current position as a legal assistant to a divorce attorney is that I wanted to learn more about Alternative Dispute Resolution (ADR). In very basic terms, ADR…

How do I prepare for family court mediation?

September 13, 2021

Divorce Utah

Divorce, Divorce Costs, Divorce Fears, Divorce Law, Divorce Preparedness, Family Law, Mediation, Uncategorized

divorce, divorce issues, divorce law, family law, mediation, preparation

How do I prepare for family court mediation? There appears to be a lot of confusion and fear surrounding the divorce mediation settlement conference. There shouldn’t be. The two main reasons for the mystery and worry appear to be 1)…

Why would a court/judge want the opposing parties to settle?

March 8, 2021

Divorce Utah

Divorce Fears, Divorce Law, Divorce Preparedness, Judges, Mediation, Men's Divorce Issues, Negotiation, Women's Divorce Issues

out of court settlement, reaching agreement, settle, settlement

Why would a court/judge want the opposing parties to settle? Because if the parties settle, then the judge does not have to preside over a trial in the parties’ case. Utah Family Law, LC | divorceutah.com | 801-466-9277

Do you need a reason to get a divorce?

Do you need a reason to get a divorce? Not really, at least not in the jurisdiction where I practice divorce law (Utah). Even if you get a “no fault” divorce (“no fault divorce” means that you don’t have to…

Married a short time. He demands discovery going back years. Can he?

Married a short time. He demands discovery going back years. Can he? Married 16 months. He became abusive almost immediately after. I filed for divorce. He and his attorney is requesting bank statements and my previous divorce information -real estate…

Utah Divorce Case Timeline Summary

November 30, 2020

Divorce Utah

Amicable Divorce, Assets/Debt/Property, Attorney Fees, Coping With Divorce, Court Rules, Discovery, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Education and Orientation Courses, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Education, Evidence, Family Law, Findings of Fact and Conclusions of Law, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Mediation, Men's Divorce Issues, Pension, Personal Property, Preparing for Divorce, Settlement, Utah Court Rules, Utah Law

180 days, answer, complaint, counterclaim, decree of divorce, discovery, divorce case, divorce education course, divorce orientation course, divorce timeline, expensive, fight, financial declaration, initial disclosures, longer, mediation, petition, petitioner, process, respondent, step by step, summary, summons, temporary orders, timeline, trial

Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more they fight and the more things they fight over, the…

Putting my money where my mouth is: I now offer half-day mediation services free of charge. No strings attached.

June 4, 2020

Divorce Utah

Divorce Costs, Mediation, Settlement

cost, divorce, expensive, free mediation, mediation

Putting my money where my mouth is: I now offer half-day mediation services free of charge. No strings attached. Divorce litigation almost always costs too much. Divorce mediation is now getting out of control too. I cannot offer unlimited…

How can I turn arguments into negotiations and agreement?

April 9, 2020

Divorce Utah

Divorce Fears, Divorce Mistakes, Divorce Preparedness, Mediation, Negotiation, Settlement

Jim Camp, mediation, negotiation, settlement, Start with No

How can I turn arguments into negotiations and agreement? If you could only read and apply one book on the subject, I would recommend “Start with No,” by Jim Camp. Here is the link to buy the printed book on…

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

March 12, 2020

Divorce Utah

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 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…