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Utah
Mediation Agreement between Private Parties

Utah Mediation Agreement between Private Parties

Category:

Arbitration and Mediation - Contracts

State:

Multi-State

Control #:

US-02296BG

Format:

Instant download

Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.

Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

As a general rule, mediation communications are privileged and not subject to discovery or admissible in evidence in a proceeding unless waived by all the parties to a mediation, as well as the mediator and the third party participants.

A technique that is often useful in breaking deadlocks during a mediation is the caucus: a confidential, private meeting held by the mediator with individual parties or a brief private meeting of a negotiation team conducted during bargaining.

The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker.

The mediation Build a relationship between the parties and the mediator; Clarify the main issues; Identify the parties' interests or needs; Allow the parties to vent their emotions; Attempt to uncover hidden agendas; and. Identify potential settlement options.

The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker.

Private sessions ? The mediator may decide to have confidential private sessions with either party at any time during the mediation. It is important to remember that while the mediator can help the parties to think about their options, they cannot provide legal advice.

A caucus is a private meeting during which the mediator talks with each party separately about the dispute.

As noted above, the heart of the mediation privilege is confidentiality. Essentially, by statute, the only statement or writing made in connection with mediation which can be disclosed without the express consent of both parties is the agreement reached during the mediation itself.

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