Divorce
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Divorce Mediation in Utah: Is It Required, How It Works, and What It Costs

General information, not legal advice. Read the full disclaimer.

Short answer: In Utah, mediation is built into contested divorce cases. According to the Utah Courts' Divorce Mediation Program, once an answer is filed to a divorce complaint, "all remaining contested issues are referred to mediation," and the parties are required to participate in at least one session and try to resolve the disputed issues, unless the court (or another authorized body) excuses them for good cause. You find and pay for your own mediator from the court's roster, and the cost is divided equally unless the court orders otherwise or you agree otherwise.

Who this guide is for

Utah spouses in a divorce where the answer has been filed and some issues — custody, parent-time, property, support — are still disputed, who want to know whether mediation is optional, what it involves, and what it costs.

When mediation applies

Mediation is triggered after the respondent files an answer to the divorce petition. At that point all remaining contested issues are referred to mediation. If you and your spouse already agree on everything, there's nothing contested to refer; see Utah Uncontested Divorce: Step-by-Step Process. If the respondent doesn't respond, the case can go forward by default; see Utah Default Divorce: What Happens When Your Spouse Never Responds.

The mediation requirement does not stop temporary orders from being entered while the case is pending. See Temporary Orders During a Utah Divorce.

What you have to do

  • Attend at least one session and make a real attempt to resolve the disputed issues.
  • You aren't forced to settle. The Utah Courts' mediation FAQ says the final agreement "is not imposed upon the disputants," and that parties may stop at any time; a mediator may also end the process if the parties can't participate meaningfully.
  • If mediation doesn't resolve everything, the unresolved issues continue toward the court process; see Contested Divorce in Utah: What to Expect.

Choosing a mediator

Parties find and pay their own mediator. For divorce, the mediator must be qualified on the court's ADR roster to provide divorce mediation (Utah Code § 78B-6-205 governs divorce mediator qualifications). The court's "Find a Mediator" list is on its website, or you can call the Divorce Mediation Help Line at 1-800-620-6318 for a written copy.

What it costs

  • Default rule: the cost is divided equally between the parties unless the court orders otherwise or you agree on a different split.
  • Rates vary by mediator — the court's materials don't set a fixed price, so ask about hourly rates and expected session length before you book. Utah Courts says most mediation sessions typically run 3–4 hours, though some are shorter or longer.
  • If you can't afford it: submit the Divorce Mediation Program Income Survey to the ADR Office to be considered for financial assistance or a pro bono mediator. Court rules also allow a party to ask for a fee waiver on a showing of impecuniosity or other compelling reason.

Getting excused

Mediation isn't required if the court, the ADR Office, or a court-qualified mediator excuses you for good cause. Either party can ask the court to excuse mediation using the court's Motion to Excuse Mediation page or application form. Utah Courts' enforcement-motion page gives domestic violence as an example of when a case may be exempt from mediation in that setting; if safety is a concern in your divorce, raise it with the court early rather than assuming you must sit across from the other person.

Is mediation confidential?

Utah Courts describes mediation as "informal, confidential, and collaborative," and court rules say a mediator generally cannot be required to testify about a mediation. If you reach an agreement, it still needs to be put in writing and submitted so the court can review and enter it.

Tips for making the session worthwhile

Frequently asked questions

Is divorce mediation mandatory in Utah?

For contested divorces, yes: once an answer is filed, remaining contested issues are referred to mediation and you must attend at least one session, unless excused for good cause.

Do I have to settle in mediation?

No. You must participate in good faith, but any agreement is voluntary.

Who pays for the mediator?

You find and pay your own mediator. The cost is divided equally unless the court orders or you agree otherwise.

What if I can't afford a mediator?

You can submit the Divorce Mediation Program Income Survey to the ADR Office for financial assistance or a pro bono mediator.

How long is a mediation session?

Most sessions run about 3–4 hours, depending on the issues.

Can I skip mediation?

Only if the court or another authorized body excuses you for good cause. You can ask the court to excuse mediation.