Utah Attorneys Giving You the Representation You Need to Protect Yourself During Mediation

No one ever wants to go to court. While watching trials on television may be entertaining, actually appearing before a judge can be a stressful experience. It usually means someone has exhausted every other possibility to resolve a civil or criminal matter. A hearing or trial means having to either mount a defense or present a solid case, then placing your fate in the hands of a judge and/or jury.

In some cases, trials cannot be avoided. This is especially true in criminal matters. In civil matters, there are options available to people to prevent them from having to appear in court. One of these options is mediation. Mediation can potentially eliminate the need to go before a judge. While an attorney is not required for mediation, it can still be valuable to have an experienced mediation attorney to help you navigate the process.

What is Mediation in Utah?

Mediation is defined in Utah judicial code 78B-10-101 as “a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.” A mediator is a neutral third party with experience in negotiations. Unlike a judge, whose responsibility is to make a determination in a case, a mediator’s role is to help the parties in a case come to a resolution themselves. During mediation, a mediator will:

• Listen to Both Sides of a Case
• Review Any Available Evidence
• Try to Help Each Party View the Other’s Perspective
• Suggest Compromises and Agreements
• Attempt to Determine Mutually Agreeable Solutions

Mediators can be used in any type of civil case, including child custody disputes, financial disputes, and divorces. A good mediator will not take sides. Their role is to help all parties come to a mutually agreeable solution. This avoids a judge having to make a ruling.

Using a mediator increases the chances that every party involved in a civil case will be happy with the outcome. Unlike a trial, where a judge may take sides and/or only allow one side to adequately present their case, a mediator should give equal time to all parties. Also unlike a trial, the case can only be resolved if all parties agree to the mediator’s solutions.

Mediators have no actual legal power. They cannot make rulings or decisions that are legally binding. Anything a mediator suggests is only a suggestion. It is up to the parties involved to decide if they wish to agree to these suggestions. If one or both parties wish, they can end mediation at any time.

Do I Need an Attorney for Mediation in Utah?

You do not need to have an attorney present during mediation in Utah. For some people, this is an appeal of going into mediation. Not involving attorneys can make the process feel less formal and less like a trial. Some people may feel nervous presenting their case when an attorney is present, even if the mediator cannot make legally binding rulings. Other people wish to avoid the cost of an attorney. They may see mediation as a less expensive way to resolve a case.

While an attorney is not necessary during mediation, they can be vital in making sure your side of a case is given fair consideration. Mediators are only human. While they are supposed to remain totally neutral, this may not always be the case. Even the best mediator may develop certain unconscious biases. They may begin taking one side without realizing it and moving mediation towards a decision that favors one party of another.

Another potential concern is that not all mediators are equally skilled. An inexperienced mediator may miss certain aspects of a case. They might not consider every angle or option available. As a result, they may not suggest the best course of action. A decision that may be most beneficial to all parties might not occur to them. This is why having an attorney during mediation can be incredibly valuable. In these circumstances, a mediation attorney can act as an advisor.

A mediation attorney is like an insurance policy. They can review the mediator’s suggestions and advise you if they are good options. They can also recommend courses of action for you to suggest during mediation which may not have occurred to the mediator. This can help ensure you are getting fair consideration. It can also protect you against agreeing to a potentially damaging decision that is against your best interest.

What Should I Do if I Want an Attorney for Mediation in Utah?

Hiring an attorney for mediation in Utah is not necessary. However, it can be advisable. While mediation is not legally binding, once you have agreed to a decision, it can be difficult to go back. If you find yourself disagreeing with a decision later, you may need to re-enter mediation. Under other circumstances you may need to go to trial. If this happens, it could mean you wasted a significant amount of time and money on mediation but ended up before a judge anyway.

If you or a loved one are considering mediation to resolve a civil dispute, don’t hesitate to contact RCG Law Group, located at 489 S Jordan Pkwy Suite 255, South Jordan, UT 84095. Our attorneys are skilled litigators and can help ensure that mediators are truly considering every perspective when reviewing a case. They’ll be in your corner to give you legal advice. They can help run interference and explain any legal concepts you may not be familiar with. They can also give you their perspective on whether a suggested course of action is the best course of action.

Hiring an attorney for mediation does not mean you do not trust the mediator or doubt their judgment. It is not a sign that you are looking for reasons to argue with their suggestions. Having an attorney for mediation is simply giving yourself an extra layer of protection. If you or a loved one are considering mediation, call RCG Law Group immediately at 385-503-3663 or schedule a consultation. We can help make an easy process go even smoother for you.