Mediation
Mediation is an alternate resolution to a dispute between two or more parties in conflict. It was established as an alternative to law suits and is court-mandated in some states, depending on the nature of the dispute between the parties. Mediation offers a more satisfying method of resolving conflict, involving give and take by the engaging parties, and is almost always less expensive than litigation. At David K. Lauritzen P.C., mediation begins with the parties in conflict desiring a third party mediator to facilitate negotiating an acceptable resolution. Good faith and genuine intent for a resolution is a pre-requisite to mediation.
Mediation is completely confidential between the parties involved. Any contract or negotiation between the parties can be legally binding and upheld by the jurisdiction of a court. Parties to the mediation are the decision makers; the mediator has no legal authority, cannot give advice, and does not serve as a judge. The mediator creates an environment where the parties can negotiate an acceptable agreement together. The mediator is bound to be confidential and completely neutral. Abuse, neglect of the elderly or incapacitated and computer fraud are the only things a mediator is required to report in the State of Utah. All other information, notes, or documents are destroyed. A mediator cannot be subpoenaed or called as a witness.
Families involved in resolving estates either through probate or through a trust, enter mediation to have a neutral, third party be part of their process. If the parties are all comfortable and agree, then they can meet together. If parties are not willing to meet together, separate rooms are provided for each party.
