Divorce Mediation Dustin Gibb February 5, 2024

Divorce Mediation Lawyer in Kaysville and Clearfield

A mediator can help two people reach an agreement, but the mediator can't tell either of you whether the deal is a good one. That's what your own lawyer is for. Dustin Gibb prepares you for mediation, attends with you, and gives you a clear answer before you sign.

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Kaysville, Clearfield (by appointment), or virtual · (801) 725-6035

In a contested Utah divorce, the spouses must attend at least one mediation session before the case can go to trial, unless the court excuses them. The mediator is a neutral professional, and both spouses split the cost. Many cases settle at mediation. The result depends heavily on how prepared you are when you arrive.

When to mediate, and when to wait

Mediation works when both sides know what they’re negotiating over. Timing is where people go wrong most often.

Usually ready

  • Both spouses have exchanged financial declarations, with supporting statements.
  • You know roughly what the house, the retirement accounts, and any business are worth.
  • You’ve thought through what a weekly parenting schedule would actually look like.

Often too early

  • One spouse’s income or accounts are still unclear.
  • A valuation, such as an appraisal, is still pending.
  • There’s a safety concern that hasn’t been addressed. If domestic violence is part of the relationship, the court can excuse you from mediation.

Mediating too early can produce an agreement based on incomplete numbers. Waiting too long means paying to litigate issues that could have been settled. Dustin will tell you which risk applies to your case.

What we prepare before your session

Most of the work happens before mediation day. Before your session, we:

Review both financial declarations and flag anything missing or inconsistent.
Put numbers on the options. For example, what it costs to keep the house compared to selling it, and what different child support and alimony outcomes look like.
Draft a parenting schedule that fits your children’s school and activities.
Set your priorities and your limits. You should know which issues you’ll trade on, which you won’t, and why.
Estimate what a judge would likely do on each disputed issue, so you can compare any offer against a realistic alternative.
Prepare an opening proposal, usually sent to the mediator in advance.

The mediator vs. your lawyer

MediatorDustin (your lawyer)
Whose side?Neither. Stays neutral.Yours
Gives you legal advice?NoYes
Tells you if an offer is good?NoYes, and explains why
Writes up the agreement?Often drafts or helps draft itReviews every term before you sign
Chosen and paid byBoth spouses, usually splitting the costYou

How mediation works in a Utah divorce

When it’s requiredAfter an answer is filed and issues are still contested.
MinimumOne session. Many cases need more than one.
ExceptionsThe court can excuse mediation for good cause, including domestic violence.
Temporary ordersThe court can still issue orders on custody, support, or the home while you wait to mediate.
The mediatorMust be qualified on the Utah courts’ divorce mediation roster.
Before filingSome couples choose to mediate before anyone files.

What mediation day is usually like

Many divorce mediations keep the spouses in separate rooms, with the mediator moving between them, so you may not have to negotiate face to face. Sessions often run most of a day. Dustin is with you throughout, going over each proposal as it comes in and helping you decide how to respond.

Expect to feel tired by the afternoon. Deals made at the end of a long day deserve a second look, which is part of why your lawyer is in the room with you.

If you reach an agreement, and if you don’t

If you agree

The terms are written down and signed. A signed agreement is not confidential the way mediation discussions are, and it is hard to undo, so every term needs to be clear before you sign. That includes holidays, who pays which debts, how retirement accounts are divided, and deadlines for refinancing.

If you don’t

Partial agreements still count. Settling the parenting schedule and leaving only the property for a judge narrows the case and lowers the cost. Anything still unresolved moves toward a court decision.

Mistakes we see in mediation

Treating the mediator as your advocate

A mediator is trying to reach an agreement, not your best agreement.

Arriving without your numbers

If you don’t know what the house or the retirement accounts are worth, you can’t tell whether a split is fair.

Agreeing to vague parent-time

“Reasonable parent-time” sounds fine until the first holiday dispute.

Signing to end a long day

If a term isn’t clear, don’t sign until it is.

Divorce mediation questions

Generally, no. Utah protects mediation communications from being used as evidence, with some exceptions. However, facts or documents that were already available don’t become protected just because they came up in mediation, and a signed agreement is not protected.

Often you won’t be. Ask for separate rooms if you need them. If there’s a history of abuse, tell us right away, because the court can excuse mediation for good cause.

Both spouses, normally split equally, unless you agree otherwise or the court orders a different split. Your own legal fees are separate, and we discuss them at your free consultation.

That’s common. You can schedule more sessions, settle part of the case, or move the remaining issues toward a hearing.

You aren’t required to have one. But the mediator can’t give you legal advice, and an agreement signed at mediation is hard to change later.

What to bring to mediation

✓Your financial declaration and your spouse’s, with all attachments
✓Recent statements for bank, retirement, and loan accounts
✓Home valuation or appraisal, plus the current mortgage balance
✓Your proposed parenting schedule, including holidays and summer
✓A monthly budget for your life after the divorce
✓Your list of priorities and limits (we prepare this together)
✓Snacks, water, and a phone charger. It’s usually a long day.

Choosing a mediator

The mediator must be on the Utah courts’ divorce mediation roster, and both spouses have to agree on who it is. Look for someone experienced with the issues in your case, such as business, custody disputes, or complicated finances. Dustin can suggest mediators suited to your situation.

Prepare for mediation with Dustin

Kaysville · Clearfield (by appointment) · Virtual · (801) 725-6035

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A mediator’s job is to get an agreement. My job is to make sure it’s a good one for you.

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