Motion to Excuse Mediation

Mandatory divorce mediation

Utah Code Section 30-3-39 requires parties in a divorce to participate in a least one session of mediation if the respondent files an answer. For more information about mandatory mediation, see our page on Divorce Mediation.

 

Asking to excuse mandatory divorce mediation

Either party may ask to excuse the mediation requirement, but they must show "good cause" to excuse the requirement.

Reasons parties may be excused from mediation vary from case to case and may include one or both parties do not feel safe or able to fully express themselves in a mediation process, and others as determined by the court, the ADR Office or a court qualified mediator.

 

Who can excuse the mandatory divorce mediation requirement?

For divorce cases you can ask the following people to waive the mediation requirement:

• the Alternative Dispute Resolution (ADR) Office
  • fill out this form - 1376XX
  • send it to divorceinfo@utcourts.gov
  • the ADR Office will tell you and the court if the application is granted
  • if they deny your request, you can still ask the court to waive the mediation requirement
• the mediator assigned to your case
  • talk with your mediator about your situation
  • the mediator will tell you and the court if your request is granted 
• the court (the judge or commissioner assigned to your case)
  • file a Motion to Excuse Mandatory Divorce Mediation available in the forms section below
    
  • if the ADR office denies your request, you can still ask the court to waive the mediation requirement

Asking to excuse other mediation

Mediation is required in most civil cases in district court if a "responsive pleading" – such as an answer or counterclaim to a complaint or petition – is filed. The judge can also refer parties to mediation to try to resolve specific issues in a case. Rule of Judicial Administration 4-510.06 lists case types that are exempt from mandatory mediation. Upon its own motion or the motion of a party, the court may excuse the parties from participating in the ADR program if the parties are able to show good cause.

 

Will your motion be decided by a judge or commissioner?

Motions decided by a judge and motions decided by a commissioner follow different procedures. See our Motions page for information about the differences in procedure.

Commissioners

• In Judicial Districts 1, 2, 3 and 4, a Motion to Excuse Mandatory Divorce Mediation will be decided by a commissioner. Commissioners are assigned to hear most matters in divorce cases and several other types of family law cases.

Judges

• In Judicial District 5, 6, 7, or 8, a Motion to Excuse Mandatory Divorce Mediation will be decided by a judge.
• In all judicial districts, in all other case types, a Motion to Excuse Mediation will be heard by a judge.

If you are not sure whether your case is assigned to a judge or commissioner, find out. Call the court, or look at the caption of the complaint or petition. If a commissioner's name has been listed in the caption, the motion likely will be decided by a commissioner.

Motions decided by a judge are governed by URCP 7. Motions decided by a commissioner are governed by URCP 101.

 

Forms

 

Information about filing documents in existing cases by email

 

The forms you need depend on your case. What is your case about?