Mediation Frequently Asked Questions
Mediation / Arbitration Frequently Asked Questions
What programs are offered through the ADR department of the courts in the State of Utah?
- Flow chart of the ADR programs - PDF
- What is the purpose of mediation and arbitration?
- Why should I use an alternative dispute resolution program instead of just going to trial?
- What is the history of ADR programs in Utah?
- What is mediation?
- What is arbitration
- Where can I watch the ADR video?
- What if we start a mediation and choose not to proceed with mediation once it has began?
- What happens once we reach a resolution in mediation or arbitration?
- How do I choose a mediator?
- How can I locate a mediator for my case?
- What happens if I need to mediate but cannot afford to hire a mediator?
- How much does it cost to mediator or arbitrate?
- Should I continue to prepare for trial while we wait for mediation to proceed?
- What if parties don't want to mediate?
- What if we don't reach an agreement?
- How can I contact the ADR department?
What is the purpose of mediation and arbitration?
Mediation and arbitration offer options to the traditional judicial system, affording the citizens of Utah a full spectrum of choices for resolving disputes.
Why should I use an alternative dispute resolution program instead of just going to trial?
ADR programs have been shown to provide effective resolutions to disputes, and can be faster, less expensive, and more satisfying to the parties than litigation. The Alternative Dispute Resolution programs encourage the use of ADR to the extent that it serves the interests of the involved parties. It is not intended to replace traditional litigation, only to supplement it, and to provide more flexibility in resolving disputes.
What is the history of ADR programs in Utah?
In the 1994 session, Utah's legislature passed a bill (78B-6 Pt 2) mandating the Judicial Council to implement a program utilizing Alternative Dispute Resolution in the state courts. The program was implemented by the Judicial Council and Supreme Court rules on January 1, 1995. The Court Rule (4-510) applies to cases filed in the Second, Third, and Fourth Judicial Districts. The program encourages the use of ADR to the extent that it serves the interests of the involved parties. It is not intended to supplant traditional litigation, only to supplement it, and to provide more flexibility and choice of methods used to resolve disputes.
What is mediation?
Mediation is a collaborative meeting in which the disputing parties seek to resolve their differences through the use of a skilled, neutral third party, the mediator. As a dispute resolution process, mediation has the advantages of being informal, confidential, and collaborative. It proceeds more quickly than litigation, and often results in less expenditures of time and money. The final agreement is not imposed upon the disputants; instead the disputants design it according to their own interests. Finally, it is not an adversarial process, so the parties have the potential to preserve their relationship once the process has concluded.
What is arbitration?
Arbitration is an evidentiary hearing, similar to a trial, in which the arbitrator hears arguments, reviews evidence, rules on motions where appropriate, and determines awards. It is less formal than litigation and somewhat more collaborative in that the parties choose the arbitrator together and agree upon the extent of discovery. It can be convened and conducted more quickly than a formal trial, and it is also confidential. In the case of non-binding arbitration, the award can be accepted and reduced to an agreement, or rejected by the parties in favor of a trial de novo.
Where can I watch the ADR video?
The ADR video can now be viewed on the Utah State Courts' YouTube channel.
- Watch the ADR video - YouTube
What if we start a mediation and choose not to proceed with mediation once it has began?
A party, believing that continuing in mediation is no longer productive, may terminate participation and shall notify the other party and the court.
What happens once we reach a resolution in mediation or arbitration?
Upon conclusion of an ADR process, the plaintiff shall notify the court of the outcome of the ADR process on a form provided by the court (ADR Dispositional Notice).
How do I choose a mediator?
The parties may select an ADR provider from the court roster. The roster is a list of qualified mediators and arbitrators who work throughout the state. The roster includes a biographical sketch about each provider, the location and description of the facility where services will occur, areas of professional expertise, fees, and the judicial district(s) where the provider will serve.
How can I locate a mediator for my case?
The court provides a list of mediators as a service to the citizens of Utah. It is not an endorsement of these professionals; rather it is a list of the people in your area who currently work as ADR providers.
What happens if I need to mediate but cannot afford to hire a mediator?
Any party may petition the court for a waiver of all or part of the fees so allocated on a showing of impecuniosity or other compelling reason. If such waiver is granted, the party shall contact the Director who will appoint a pro bono ADR provider.
In addition, if you require financial assistance, Utah Dispute Resolution provides mediation services on a sliding fee scale.
How much does it cost to mediate or arbitrate?
Providers set their professional rate. The maximum hourly fee charged by individual mediators and arbitrators is indicated in the Court Roster. Please note mediators charge various fees ranging from $30.00-300.00 per hour. Fees are usually based on experience and background. Most mediation sessions typically run 3-4 hours but may be more or less depending on the issues involved. The fees are usually split among the parties unless ordered or arranged otherwise. For example: A mediator hired at $100.00 an hour conducts a four hour mediation The charge will be $400.00 for the mediation session. If there are 2 parties involved, each party will owe $200.00 to the mediator.
Should I continue to prepare for trial while we wait for mediation to proceed?
Discovery (the pre-trial exchange of information between the parties) may proceed during the mediation process. In other words, parties may continue to prepare for trial while attempting to settle their case using mediation. In arbitration, the parties may conduct discovery once they have met and established what the limits will be.
What if parties don't want to mediate?
Parties may opt out of mediation at anytime. However, if a party unilaterally terminates a non-binding arbitration procedure after the hearing has begun, that party will be responsible for all of the ADR provider's fees, and possibly reasonable attorney's fees for the other side. A mediator may also terminate the process if he/she determines that the parties are unable to participate meaningfully, or that a reasonable agreement is unlikely to be achieved.
What if we don't reach an agreement?
If parties are unable to reach an agreement, the court is notified and the case is returned back to litigation.
How can I contact the ADR department?
Please contact the appropriate mediation program for specific questions.
For general questions or if you are not sure what program your mediation is under:
The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.