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DID YOU KNOW THAT


DID YOU KNOW THAT

By law, Mediation is required

As of May 2,2005 house bill 4 was set into law.

The state of Utah has a reputation for its high divorce rate. Accordingly, the Utah Legislature took up House Bill 4 (H.B. 4) during the 2005 General Session. H.B. 4, titled "Divorce Mediation Program," requires parties to participate in good faith in at least one session of mediation if any contested issues remain after the answer to a divorce complaint is filed. Because of its mandatory nature, the rule is subject to a few exceptions. The bill was recommended by the Judiciary Interim Committee and sponsored by Republican Representative Ben Perry.

Many divorcing couples are opting for mediation in lieu of attorneys or using attorneys as hourly counsel, rather than paying a retainer which typically runs $3,000-$5,000.00 per person, or $6,000-$10,000 per couple.

Obtaining a divorce, using mediation to reach an agreement, is typically about one third the cost of litigation, for the entire process.



DID YOU KNOW THAT

You are not required to have an attorney.

A couple can proceed with a divorce pro-se (advocating on one's own behalf). With the help of a mediator who is on the court roaster a couple can accomplish what they want. If they need legal advice the parties can use a collaborative attorney who can help them understand and inform them of their rights. A mediator will often give the parties several referrals from which to choose.



DID YOU KNOW THAT

If a couple uses attorneys and the courts to decide the outcome of their divorce they will be back in court within the first year, 31 percent of the time.

Mediation works well because couples, parents, can decide their own destiny.