In Utah, most all mediations are done with each party and their attorney meeting in a separate meeting space, whether in-person or remotely on Zoom. This allows for each party to speak freely and openly with their attorney and the mediator. The party can speak as candidly as they want without worrying about the other side hearing their concerns, frustrations, or offers they are considering. Attorneys can give legal advice and discuss strategy with their client without the other attorney listening.
As the mediator, it is my job to listen to that discussion and “translate” it into an offer in a form that the other side can consider in good faith. I will never reveal the candid statements a party may make, or legal strategy shared by the attorney. I will only convey what I have been authorized to share. This back and forth will go on until the parties have come to a verbal agreement, or they decide to end the mediation.
Once an agreement is reached in principle, either I or one of the attorneys will prepare a written stipulation reflecting the agreed upon terms. This process can take some time to perfect before both attorneys or both parties are comfortable with the language. Though this takes some time, it is the most important part of the process. Spending the time to get the written stipulation worked out will save both parties thousands in ongoing legal expenses.
Once everyone has signed the agreement, I will collect payment from each party and your mediation will be done. And you will hopefully have the satisfaction that you’ve arrived at your own agreement as opposed to a judge imposing it upon you.
The Process
All mediations are $250 per hour, divided evenly between the parties unless they agree otherwise. I do not charge for travel time.
For half day mediations, I require a two-hour minimum. For full day mediations, I require a four-hour minimum. Your attorney can advise you regarding the scheduling needs of your specific case.
My fee for special master work or guardian ad litem work is hourly and varies between $250-$350 per hour, depending on the case. I also require a retainer for these types of cases.
Cancellation Policy:
If you need to cancel your appointment, we respectfully request at least 7 day notice. Any cancellation or reschedule made less than 7 days will result in a cancellation fee. The amount of the fee will be equal to 50% of the reserved services.
Pricing
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Yes, the vast majority of my mediations are done remotely via Zoom. You will have complete confidentiality and privacy as I will put each party and their respective support into a separate breakout room. You will not see or hear the other side. I especially prefer this method in cases where there are allegations of abuse or domestic violence.
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In-person mediations are typically done in one of three places: either attorney’s office, the Court, or my office located in the law firm Carr Woodall. You can make this selection when you schedule the mediation.
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Generally, each party is allowed to bring one support person. That support person is your attorney if you are represented. However, so long as others are not obstructing the mediation process I have no problem with a party bringing someone close to them as well. But I reserve the right to ask anyone to leave that is causing problems or frustrating the process.
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Being prepared for your mediation is perhaps the most important thing you can do for your case! Come prepared to share or access anything that is relevant to the issues you are trying to resolve. This could be orders of the court, initial disclosures, W2s, tax returns, pay stubs, appraisals, evaluations, bank statements, IEPs, relevant doctor records, proposals for items of personal property, or anything else that supports your desired outcome in the case. To have this all ready to go will save you hundreds of dollars of time in mediation.