Mediation is a common part of resolving family law and small claims disputes in Utah. Whether you’re facing divorce, custody, or a small claims matter about money or property, Utah courts often require or strongly encourage all parties to attempt mediation before proceeding to trial.
Mediation isn’t court—it’s a guided negotiation, with a neutral third-party (the mediator) helping Utahns find solutions without a judge making all the decisions. Understanding how mediation works and what mistakes to avoid can save you time, money, and stress—especially in places like Salt Lake, Utah, Weber, Cache, and Washington counties where court calendars are busy.
What Utah Law Says About Mediation in Family and Small Claims Cases
Utah law makes mediation a regular step in many court cases. For family law disputes, Utah Code § 30-3A-105 requires mediation in most divorces before issues like custody or parent-time go to trial. In small claims, courts often suggest mediation per Utah Code § 78A-8-102, and may offer on-site mediation at your hearing—especially in Salt Lake and other busy counties. Unlike courtroom hearings, mediation is confidential and solutions are voluntary unless parties agree in writing.
Utah Tip: Most Utah courts provide free or low-cost mediation for small claims, and certified mediators for family law are listed on the Utah Court ADR Program website.
Utah mediators often recommend preparing ahead, so you know what outcomes are realistic before your session begins.
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This Utah attorney explains simple ways to prepare for family law mediation.
How the Mediation Process Works in Utah Courts
Mediation procedures can be different depending on your case and county. For family law disputes (like divorce or custody), you’ll usually be required to attend at least one mediation session with a certified mediator. Either side can request to waive mediation under certain circumstances (for example, cases involving domestic violence), but you’ll need court approval to skip it. In Salt Lake County, you might select a mediator from the court’s roster and attend in-person or online.
For small claims, many Utah courthouses—especially in populous areas like Salt Lake City, Ogden, or Provo—offer on-site mediation just before your hearing. If you settle during mediation, you sign a written agreement, which the court can enforce. If you don’t settle, your case goes to a judge that same day.
An experienced Utah divorce attorney on Instagram shares why mediation is often a smart move for divorcing couples here.
Watch to see three key reasons Utahns choose mediation during divorce.
7 Mistakes Utahns Make in Mediation (and How to Avoid Them)
- Failing to bring all necessary paperwork—like pay stubs, asset lists, or receipts—to mediation sessions, especially in Salt Lake and Utah counties.
- Waiting until the last minute to schedule a mediator, making it hard to meet court deadlines (Utah judges can sanction you for noncompliance).
- Assuming mediation is optional—courts in Utah may require it for family law, so skipping without approval causes delays or fines.
- Refusing to negotiate or listen, which can make the process break down and force a trial.
- Ignoring suggested agreements or losing your cool—Utah mediators encourage respectful, solution-focused discussions.
- Not understanding the difference between mediation (confidential, voluntary) and arbitration (binding decision).
- Forgetting to put settlement agreements in writing—verbal deals usually aren’t enforceable in a Utah court.
Bonus: How Shuttle Mediation Works in Utah
Some Utah mediators use “shuttle mediation,” where parties sit in separate rooms and the mediator goes back and forth, which is common if emotions run high.
Certain Utah cases use shuttle mediation for privacy and comfort.
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This video shows how shuttle mediation can help in Utah family cases.
The Final Word
Utah mediation is designed to give families and individuals an efficient, less stressful chance to resolve disputes without the expense of trial. By understanding how it works, carefully preparing, and avoiding common pitfalls, you improve your odds of reaching a fair agreement that works for your family or business. Remember, court staff and certified mediators can answer many basic questions, but for personalized legal help, consult a qualified Utah attorney.
For more plain-English Utah legal guides, visit Utah Law Explained or explore our About Us page.