Oquirrh Mountain Mediation

Nancy McGahey, Mediator

Domestic & Workplace Conflict Resolution

Frequently A​sked Questions

What is mediation?

Mediation is a voluntary, collaborative process for resolving disputes using the help of an impartial, third party

Do I need to bring an attorney?

Sometimes it's helpful to have an attorney present during mediation, but it is not required. This is a question to discuss with your attorney. It is always helpful to consult with an attorney prior to mediation. 

Is a mediated agreement binding?

The mediator will prepare a memorandum of understanding that summarizes the agreementIf both parties want an enforceable, binding agreement, then a legal document must be prepared. Either party or an attorney may prepare such a document after mediation.

Does the mediator make  decisions if we don't agree?

A mediator is not a decision maker. Rather, the disputing parties control the outcome in mediation by deciding how to resolve the issues at hand. Because parties create their own agreement, mediation helps preserve interests and maintain relationships. 

Can we mediate if we have a Protective Order?

A Protective Order or Stalking Injunction must allow for mediation. If you have an order of protection, please submit a copy of the order to the mediator before scheduling mediation.

How should I prepare for mediation?

It is helpful to identify your goals and what you would like to achieve as a result of mediation. You might also think about the topics that you and the other party need to address and bring all documentation that will help the other party understand how you view the situation. For example:

  • If you are planning to divide marital vehicles as part of a divorce action, you might bring information about values, purchase costs, and outstanding debts owed.
  • If you will be addressing a debt claim, you will want to bring documentation about the original agreement and all payments made to date toward the debt.
  • If child support is discussed, you will need to bring a recent pay stub and tax returns from the previous year.

Will the mediator provide legal advice?

It is not the mediator's role to provide legal advice. An attorney or legal service can do that. A mediator may, however, provide some basic information about the law. But she may not interpret the law in light of a client's particular case or advise a client to choose a particular outcome.

May I bring my mother or other family member to mediation?

In Utah, each party to a mediation may bring one support person to help them in mediation. This may be an attorney or anyone else of their choice. However, it is strongly advised that parties consider how the other party to the dispute will respond to a chosen support person, and assess whether the support person will help achieve the  desired goals. If the other side objects to a support person, the mediator won't require them to meet in the same room with that person present.