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My 10 years as a state district court judge led me to conclude that most civil cases could be resolved without trial, with the assistance of a skilled and dedicated mediator. Mediation presents to parties an opportunity to meaningfully participate in resolving their case in a way that trials simply cannot afford. My experience is that parties to a mediated settlement are more likely to accept the result, more likely to feel that the resolution was fair, and much less likely to seek further relief from the legal system, whether through appeal or motions to modify a court’s order. Of course, expedited resolution and a dramatic reduction in costs are also benefits of negotiated settlement.
Conflicts involving divorce and child custody are often the most difficult and time consuming matters one will face in their lifetime. The court system, although fair, can be slow, cumbersome, frustrating and uncertain.
Moreover, parties who chose to go to trial before a district court judge face a labyrinth of motions hearings before a commissioner and the trial judge, and face uncertainty as to result.
And, they are often faced with the embarrassment of having the most intimate of their relationships exposed in a public trial, as well as the anxiety and frustration that results from the outcome. In my experience, no family law litigant receives what they hope to at trial. Ultimate trial results are often delayed or erased through the appeals process, which is also time-consuming and unpredictable.
In my experience, parties who resolve their disputes through mediation reach resolution much quicker, and with a mutually-reached resolution that limits future returns to court for motions to modify the divorce or custody decree.
Moreover, and perhaps most importantly, parties feel empowered if they feel that they have a voice and active participation in the ultimate conclusion of their case.
The Utah Supreme Court, in Taylor v. Taylor, 2022 UT 35 (2022) validated the practice of arbitration in divorce and custody cases. Arbitration provides parties with a quicker and, importantly private, venue in which to address their grievances without direct court intervention.
Business dissolutions, especially in small partnerships, can replicate divorces in their impact on relationships and personal well-being. Mediation and aribitration in such cases can lead to faster and more predictable resolution, allowing the parties to go their separate ways with judgment assured.
Whether it be injuries or death due to a traffic accident, slip and fall, or product liability, I can assist parties in reaching a monetary resolution without the expense and time associated with a trial or other proceedings in court.
Disputes between neighbors can be the most contentious and difficult cases to resolve. Emotions can easily override judgment and cause unnecessary conflict and angst for the parties involved. Resolution through mediation often leads to an agreement that can bring people back to being good neighbors.
Medical malpractice cases can be incredibly complicated, expensive and time consuming. The risks of submitting the ultimate decision to a jury are considerable. Mediation and arbitration facilitate a quicker, more predictable resolution in which the parties have much more control over the ultimate result.
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