Mediation is an informal process where parties try to resolve a dispute without the hostility that is sometimes associated with going to court. In mediation, the parties meet in a private, confidential setting to work out a solution to their problem with the help of a neutral third person, the mediator.
A mediator is not a judge and does not decide who is right or wrong and does not force the disputing parties to reach an agreement or to accept particular settlement terms. The mediator helps each side to better understand their situation and helps foster a problem-solving atmosphere to lessen the temptation to engage in unproductive behavior. The mediator ensures that each of the parties to the dispute has an equal opportunity to be heard and understood and encourages the parties to create a solution that meets their individual needs.
Mediation eases the difficulty of the court process and gives the parties a chance to talk together about the problems that prompted the petition. It provides a way to work out a solution that addresses those problems in a way that is acceptable to everyone involved. Mediation reduces stress and uncertainty.

In Utah, anyone can act as a mediator. However, mediation from a court-approved mediator is required for all contested family law cases. While there may be many mediators anxious and willing to mediate your case, they may not be court approved to mediate domestic cases, and therefore cannot help you meet the requirement.
When selecting a mediator, it is important you select someone with whom you get along. You should not ever feel intimidated or coerced by a mediator, and you should never be afraid to speak up and share your ideas and thoughts.
Amy R. Draper has been approved by the State of Utah’s Administrative Office of the Courts based on her advanced family law mediation education, training, mentoring, and mediation experience. She is also current on all her certifications and continuing education hours.

Upon arrival, you will be shown to a private room that has been prepared for you. At the beginning of your session,
your mediator will meet with you to explain how mediation works, answer any questions you may have, and review
and sign the Agreement to Mediate (enclosed).
You will then have an opportunity to explain your views and feelings and express what you hope to have happen in
your case. Your mediator will then “shuttle” back and forth between the parties to facilitate communication and, if
possible, negotiate a settlement agreement, but it is ultimately up to you and the other party to settle or not settle.
Please understand that just because your mediator is in the room with the other party, that does not mean the other
party is somehow “winning” or convincing your mediator that they’re right – your mediator simply just can’t be in
both rooms at once.
If a settlement is reached, the mediator will help to memorialize the agreement in a Memorandum of Understanding
(MOU). You will have an opportunity to review it, ask questions, and make changes to the document. The parties
may choose to sign the MOU at mediation in the presence of a notary. Having this MOU is key to your case, as it is
the document upon which of all your court documents hinge.
If you elect to use our One Day, One Price, One Resource option and you’ve come to a full agreement, we’ll help
you navigate software that allows you to create your own court documents withing a couple of hours so that you
leave at the end of the day with everything you need!
While signing your documents in our office is an option, we stress that WE DO NOT PROVIDE LEGAL ADVICE
OR COUNSELING. WE STRONGLY ENCOURAGE ALL MEDIATION CLIENTS TO SEEK LEGAL ADVICE
FROM AN ATTORNEY TO PROTECT THEIR LEGAL INTERESTS.

Many clients express apprehension at the thought of seeing the other party upon arrival and departure, and/or having to be in the same room with them at mediation. Our number one goal is to ensure you feel as comfortable as
possible during the entire mediation process; therefore, we go to extra lengths to protect privacy and limit exposure
of opposing parties from start to finish.
While it can be helpful for parties to meet together in the same room, it has been our experience that most wish to
remain separate. For this reason, we always begin by seating parties in separate rooms. This allows clients to
protect themselves emotionally and remain focused and pragmatic in their decision making. We will never meet
altogether without prior consent from both parties.

Mediation is entirely voluntary. If any party feels mediation just isn’t working for them, they have the right to
withdraw at any time. That being said, it is understood and expected that each party will act in good faith and try
their best to be open to the mediation process to determine if there is any common ground on which to reach an
agreement.
Your mediator will use every effort to facilitate the negotiations but cannot warrant or represent that a settlement
will result from the mediation process. Our experience is that even when a case is not resolved through mediation,
often the parties have a better understanding of the underlying issues following a mediation session, and settlement
may follow outside of the mediation session.
If you choose to utilize our One Day, One Price, One Resource option and no agreement is reached, all is not lost.
Should you need to file a divorce (or other domestic) action, we promise to work with you (at no additional charge)
to ensure you meet the court-mandated mediation requirement that arises upon filing.

Yes—and no. Because of the confidential nature of mediation, we ask that parties be considerate and selective
about who they bring with them to mediation, if anyone at all. Each party is allowed one support person in addition
to their legal counsel. Minor children are not permitted to attend mediation. We also do not permit significant
others to attend divorce mediation, unless the two of you are married.

Absolutely! Mediation is private and confidential. No recording of any kind is permitted during mediation (audio or visual), and your mediator cannot be subpoenaed to testify in court as to what occurred in mediation, or to give their opinion to the court. In fact, your mediator will only hold onto their notes from your mediation session long enough to draft an MOU or answer any drafting questions the paralegal may have (or your attorney if you’ve retained one) for generating your divorce documents. When all documents have been drafted, all notes and information provided will be permanently and properly discarded.
Mediators are required by law, however, to report any disclosures made during mediation involving the abuse or neglect of a child, elderly individual, or incapacitated adult. Your mediator is also required to report any threat of bodily harm made to another party or self during mediation.

On average, domestic mediation sessions take around six (6) hours but may take less or more time depending on your individual circumstances. If you choose our One Day, One Price, One Resource option, you should be prepared to spend up to ten (10) hours at our office. We realize this is a LONG day, but be assured we will accomplish a great deal, and you will likely leave at the end of the day with copies of your documents in hand!
We love our children, and we know you love yours too! Divorce mediation, however, is not an appropriate place to bring minor children. Please arrange for your children to be watched and cared for in advance so that you will not be anxious during mediation about getting children to and from school as well as extracurricular activities. This may be a good time for grandparents to spend some quality time with those cute grandchildren!

While leaving mediation for a food run will not be permitted, staying fueled and hydrated is essential to your physical and emotional health, as well as your ability to remain focused and determined to work hard in mediation. When mediation is held at our One Source Mediation office, an assortment of complimentary beverages and snacks will be provided. When parties are making progress and it becomes apparent that working through lunch would be beneficial to reaching an agreement, One Source Mediation will also provide lunch for the parties and their guests at no extra cost.
When mediation is scheduled at another venue, parties and their guests are encouraged to make sure they bring their own snacks and beverages (as permitted by the venue selected) to ensure they stay hydrated and energized.

Time is Money—our goal is to save you a great deal of both! We know your time and hard-earned money are valuable. Your preparation for mediation is key to keeping your costs minimal.
Approximately one week before your scheduled mediation, you will receive four documents via email or mail.
1. Notice of Mediation. This document is a formal reminder of the date and time of your scheduled mediation.
2. Agreement to Mediate. This is the agreement you will sign AT MEDIATION. This outlines the process and rules that govern mediation as well as the cost of services.
3. Divorce Checklist. This is a list of both things to think about prior to your mediation, as well as required documentation and various items to bring with you to mediation
4. Intake questionnaire. This form covers a great deal of private information that will aid your mediator in facilitating your mediation in the most efficient way possible. It is essential you thoroughly complete the intake form and return it to our office at least 48 hours prior to mediation. This information is also used to complete your court documents and will be properly discarded once your documents have been created.
It is equally important to come to the mediation session with an open mind, ready to consider new options that may not have been raised previously. It is also important to be willing to share information with the other parties and to work together towards reaching an understanding that would be acceptable to each of you.
If you have an attorney, you should discuss what your reasonable expectations for an outcome would be should your case go to court. You can, therefore, compare your options at mediation with what would be available through litigation.
Please also be sure to get good rest the night before your scheduled mediation. Mediation days can be long, and proper rest will help get you through the day. Additionally, it will help clear your mind allow you to be pragmatic in your decision making.

According to a recent survey, the cost of an average Utah divorce is upwards of $12,000. While this may shock you, many divorces that are initially thought to be a simple open and close case end up being highly contested, making the process longer and more expensive than anticipated. Factors such as minor children and custody, asset and debt division and taxes greatly increase the cost of divorce. Traditional litigation is extremely expensive, and the total cost is highly unpredictable. Mediation costs far less because the active focus is on constructive resolution, not “destroying” the other side.
So, can mediation really save you that much money? Yes, it really can! Mediation has proven to be an effective and satisfying alternate to the traditional litigation route and is a particularly good fit for clients who need to maintain a certain level of communication once things are resolved (i.e. divorcing parents with minor children who will be co-parenting for the next decade).
In addition to saving money, there are many reasons for choosing mediation over litigation. Some of these include:
• Avoiding Court—Most clients who mediate do not go to trial.
• Much Faster Agreement—Litigated cases take much longer and follow the timeline of the court. If an agreement is reached in mediation, it is possible to have a signed Decree of Divorce within about 30 days from the time of filing with the court.
• Client Control—Mediation clients decide the terms of their own agreement with the assistance of the mediator. There is no final agreement unless both parties agree to it. Mediation allows you to eliminate the possibility that a judge will order something you disagree with.
• Maintains Privacy—Mediation is a private process at the mediator’s office rather than a public process in a public courtroom.
• Greater Satisfaction—Mediation participants report a higher degree of satisfaction over those who litigate.

1. Both parties need to be willing to mediate. If you’re not comfortable contacting the other party regarding mediation, we would be happy to contact them for you.
2. Find a date that works for both parties. One Source Mediation business hours are Monday – Friday from 8:30 a.m. to 6:30 p.m. Please email schedule@onesourcemediation.com to set up a time or request special evening or weekend accommodations.
3. Prepare for mediation by reading over the list of things to bring with you to mediation and gathering those items, and by completing and returning the intake questionnaire within 48 hours of mediation.

To secure a date for mediation, a refundable deposit of $250 per party is required. This $250 will be applied to the cost of mediation services. A full refund will be given if parties need to cancel mediation and notice is given at least 48 hours prior to the scheduled mediation. If parties still wish to mediate, but need to change the date of mediation, please notify us at least 48 hours prior to your scheduled mediation.

No one can serve a subpoena, summons, complaint, citation, writ, or other process on any person entering, attending, or leaving the mediation. This also means that no one can be served near the mediation site.