Question 1

Why mediation?

Accepted Answer

Mediation is a structured and collaborative process designed to help people resolve conflict through guided conversation. A trained, neutral professional works with you and the other party to explore concerns, identify common ground, and create solutions that work for everyone.

During mediation, you will be heard. The mediator actively listens to all participants and may meet with you together or separately. The process encourages compromise, understanding, and respectful communication, which are essential to reaching resolution.

Mediation is confidential, voluntary, and self-determined. While it may be court ordered, the outcome always depends on what you and the other party are willing to agree upon. Because mediation is less formal than court proceedings, it provides a safe space where you can work through emotions and focus on the matters that are most important to you.

One of the strengths of mediation is its flexibility. Solutions can be more creative, practical, and personalized to the needs of your family or situation. Mediation is also a cost effective and productive alternative to litigation, helping you move forward with clarity and peace of mind.

Question 2

What is the role of a mediator?

Accepted Answer

A mediator is a neutral third party who helps people in conflict work toward resolution. The mediator does not determine who is right or wrong. Instead, the role of the mediator is to create a safe and respectful environment where both sides can be heard and meaningful conversations can take place.

Through active listening and thoughtful guidance, the mediator assists the parties in uncovering the underlying issues and exploring practical solutions. This process allows individuals and families to move beyond conflict toward outcomes that feel fair, constructive, and tailored to their unique situation.

When attorneys are not present, the mediator can also help clarify the legal issues involved and guide the parties through the process, ensuring that they remain informed and supported while maintaining full control over their decisions.

Question 3

What does a mediator cost?

Accepted Answer

The rates for mediation can vary depending on a mediator’s background, training, and experience.

Shannon’s standard rate is $250 per hour, with a two-hour minimum for local districts. For cases requiring travel to districts more than 100 miles away, a four-hour minimum applies.

To ensure that mediation remains accessible, a sliding scale option is available based on income verification. This allows individuals and families to receive high-quality mediation services at a rate that aligns with their financial circumstances.

Question 4

Who participates in a mediation?

Accepted Answer

All parties to the dispute are expected to attend the mediation, along with their attorneys if they are represented by legal counsel.

If a party is not represented by an attorney, they may bring one support person. A support person’s role is to provide emotional support and help ease stress, but they do not actively participate in the mediation process.

The presence of a support person is considered on a case-by-case basis to avoid any conflict of interest.

Utah law provides guidance on this matter:
Utah Code § 78B-10-110, Participation in Mediation
 “An attorney or other individual designated by a party may accompany the party to, and participate in, a mediation. A waiver of participation given before the mediation may be rescinded.”

This ensures that each party has the right to be supported while still maintaining the integrity and focus of the mediation process.

Question 5

What is the role of an attorney in mediation?

Accepted Answer

Attorneys represent their clients by providing legal counsel and guidance during the mediation process. While mediators do not give legal advice, they work closely with both the parties and their attorneys to facilitate meaningful dialogue and support the development of workable agreements.

Mediation can also be successful without legal counsel when the parties are committed to open and honest conversation. However, every party always retains the right to have an attorney involved at any stage of the process.

Even when attorneys are not present during mediation, having a lawyer review any agreements before they become legally binding is encouraged and welcomed. This ensures that the final outcome is both fair and legally sound.

Question 6

How long does mediation take (and other useful information)?

Accepted Answer

To ensure that the mediation process is fair, transparent, and efficient, the following policies apply:
Confidentiality
All discussions that take place in mediation are private and confidential.
Voluntary Participation
Mediation is a voluntary process. While it may be court ordered, the parties themselves control the outcome and may choose to stop the mediation at any time after the Agreement to Mediate has been stated.
Time Blocks and Minimum Fees
Please plan on at least 5 hours without any other time constraints during the mediation session. Mediation sessions usually take longer than people expect due to the need to let each party state what they need to in order to address all desired topics. Mediations are scheduled in minimum four-hour blocks. There is a two-hour minimum fee, even if the mediation ends or is canceled before the two-hour mark has passed. Additional time may be scheduled if needed.
Multiple Sessions
If more than one session is necessary to fully resolve the issues, follow-up sessions can be arranged.
Attorney Involvement
Parties are always welcome to have attorneys present. Even when attorneys are not in attendance, parties are encouraged to have any final agreements reviewed by legal counsel before they become legally binding.
Fee Responsibility
Unless other arrangements are made in advance, mediation fees will be split equally between both parties.
Payment Policy
Payment is due in full immediately at the conclusion of the mediation session.
Summary After Mediation
As a courtesy, I will provide a summary of discussion items and agreements after the mediation concludes (if a resolution has been reached). It is up to the parties to use the information to file any documents with the courts.

The Choice of Success
Mediation

Frequently Asked Questions

Why mediation?

What is the role of a mediator?

What does a mediator cost?

Who participates in a mediation?

What is the role of an attorney in mediation?

How long does mediation take (and other useful information)?

The Choice of Success, LLC

Shannon Tallaksen

801-608-4829

shannon@thechoiceofsuccess.com

Utah

Frequently Asked Questions

Why mediation?

What is the role of a mediator?

What does a mediator cost?

Who participates in a mediation?

What is the role of an attorney in mediation?

How long does mediation take (and other useful information)?

The Choice of Success, LLC

Shannon Tallaksen 801-608-4829 shannon@thechoiceofsuccess.com Utah

Shannon Tallaksen

801-608-4829

shannon@thechoiceofsuccess.com

Utah