How Mediation Works Utah Family & Small Claims
When it is required, how to prepare, what to expect, and how to make agreements enforceable
Mediation in Utah is designed to save time, money, and stress by helping both sides reach agreement before trial. Whether you are in a divorce, custody, or small claims dispute, Utah courts often require at least one mediation session before a judge will hear the case.
This guide explains when mediation is required, how Utah’s process works, how to prepare, and how to ensure any agreement becomes legally enforceable. You will also find practical prep tips and a one page checklist so you can walk in organized and confident.
When Mediation Is Required
- Family law: Utah courts generally require parties in divorce, custody, and parent time disputes to attend at least one mediation session before trial. This applies even if only one side has an attorney.
- Small claims: Not mandatory in every county, but many judges strongly encourage mediation at the pre trial conference. Some Justice Courts – like Salt Lake City and Provo – have on site mediators available the same day.
- Exceptions: Cases with domestic violence, protective orders, or serious power imbalance may be excused if safety or fairness would be compromised.
Choosing a Mediator
Utah requires mediators in court connected cases to be court approved and listed on the Utah Court Annexed ADR Roster. You can find qualified mediators on the Utah State Courts website.
Preparation Checklist
- Gather documents – contracts, texts, receipts, financials, parenting schedules.
- Write your goals – what you want most and where you can compromise.
- Know your bottom line.
- Prepare a calm, clear summary of your side.
- Decide whether to bring an attorney or support person – allowed in most cases.
- Clear at least two uninterrupted hours for the session.
- Review the Utah Courts Preparing for Mediation handout if available.
Tip: Bring two copies of key documents so both the mediator and the other side can review without delay.
The Session – What To Expect
- Neutral environment: The mediator facilitates discussion but does not decide outcomes.
- Joint and private meetings: You may start together, then move to separate rooms – called caucusing.
- Confidentiality: Utah law keeps mediation discussions confidential. They are not used in court later.
- Focus on solutions: The mediator steers both sides toward common ground, not who is right.
Small claims: Often under an hour and focused on payment timelines, damages, or returning property.
Family cases: Commonly two to four hours covering custody, parent time, child support, and asset division.
Agreements and Enforcement
- Drafting: The mediator or your attorney helps draft a written agreement if you settle.
- Family cases: File the agreement so it becomes part of your divorce decree or custody order.
- Small claims: File the signed agreement as a court judgment so it is enforceable like any order.
- No agreement: The mediator files a Certificate of Completion so the case can move to trial.
Costs
Typical mediator fees in Utah range from $75 to $300 per hour, usually split between the parties. Some counties offer free or reduced fee community mediation through nonprofits such as Utah Dispute Resolution.
Common Mistakes To Avoid
- Showing up unprepared or emotional – bring facts, not anger.
- Refusing to compromise – judges notice when one side is inflexible.
- Failing to finalize in writing – get signatures before leaving.
- Skipping follow up filing – especially in family cases where orders must be updated.
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Key Takeaways
Mediation is often required in Utah family cases and strongly encouraged in many small claims courts.
Preparation and a solution focused mindset drive results and reduce costs.
Put agreements in writing and file them so they are enforceable.
This page is legal information, not legal advice. When in doubt, get counsel before you file.
Need Utah-Specific Help?
Use our Utah Law checklists and templates, or talk with a Utah attorney for tailored advice on mediation. A short consult can prevent mistakes and speed resolution.
Talk to a Utah AttorneyFor more plain English guidance, stay updated with Utah Law Explained, explore our mission on the About Us page, or connect with trusted counsel like Gibb Law Firm.