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Is a divorce agreement from mediation the final say?

In Utah, many couples going through divorce choose mediation rather than the more traditional litigation. You might find many benefits by taking this path, including a reduction in time and costs, according to the Utah Courts. However, how final is the agreement that you may reach in this process?

The agreement that you, your spouse and the mediator develops has the same power as an order from a judge, which basically means that it will be very difficult to change it once you sign it. This is because you have had a hand in creating it, and your name is on the document that is filed with the court. When you select this method, you and your spouse meet with an objective third party to discuss each issue that will be a part of the divorce agreement. This may include any property division, spousal support and custody arrangements.

You are not forced to stay in the procedure after you have begun it, however. Any party, including your mediator, has the right to terminate the process at any point, especially if you are not making adequate progress in coming up with a mutually acceptable agreement. For example, you and your spouse might disagree too much and therefore, need a different avenue for making decisions. Therefore, you might want to prepare for a trial in the early stages of the process just in case you decide later that you are unable to come into agreement with your spouse.

If you go through mediation and do not come up with a final resolution, then you will go back to the courts for litigation. This information is intended to only educate and should not be considered legal advice.


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