How much does Viewpoint Dispute Resolution charge for mediation?

A: Each mediator sets his/her hourly mediation fee. Stephanie Jensen currently charges $300/hr with a two (2) hour minimum mediation session. Jeff Rifleman currently charges $300/hr with a two (2) hour minumum mediation session.

Will you reduce your rates for low-income parties?

A: Each mediator may set his/her hourly fee. Please contact us to discuss your particular situation. At times VDR may have interns and/or mediators in training and should the parties agree to allow an intern and/or mediator in training attend and/or participate in the mediation, fees may be reduced.

How long is a mediation session?

A: Mediation sessions are usually scheduled for a minum of two (2) hours. However, an average mediation lasts four (4) hours or more, depending on the complexity of issues to resolve. At times a mediation may pause for a time for the parties to gather more information and then resume at a later date. The court only requires that the parties participate in 'good faith'.

Will the court know what happened in mediation:

Mediation is a confidential process and all information is kept private. Neither party may use offers in mediation in court. The mediator cannot be called as a witness. (However, if there are any allegations of abuse that have not been reported, or fraud, then those must be reported.) The mediator (or attorney attending mediation) will submit to the court an "Alternative Dispute Resolution" notice that will inform the court that the mediation was either 1) not convened, 2) resulted in a full agreement, 3) resulted in a partial agreement, or 4) resulted in no agreement. If the parties agree, then a stipulation may be drafted, signed by the parties, and submitted to the court.

Can I submit a mediated agreement to the court?

A: Your mediator may provide each party a copy of a Memorandum of Understanding, or a Stipulation. A Memorandum of Understanding is a document that the mediator prepares the memorializes the mediators understanding of issues resolved and unresolved. It is not a formal document and is not binding on the parties. A Stipulation (or Settlement Agreement) is a formal document that sets for the agreements the parties have reached and if signed by all parties becomes an enforcable agreement that may be filed with the court.

Do I have to have an attorney to mediate?

A: No, you do not have to have an attorney to attend mediation. However, if your represented in a court case, it is strongly suggested that you have your attorney attend mediation with you. The ADR rules allow each party to bring one support person.

What is one party has a protective order? Can we still mediate?

A: If either party is subject to a protective order, then the protective order must indicate that the parties can have contact for the purpose of mediation. If the protective order does not provide for this, the the parties must modify the protective order to allow contact for mediation.

Do we have to be in the same room during mediation?

A: Depending on the circumstances (ie existing protective order) the mediation may take place with each party in a separate room. This is called a 'shuttle mediation', where the mediator will go between the room. Some mediators will prefer to begin the mediation in the same room to introduce the parties to mediation, identify and clarify the issues, set objectives and goals and to answer questions. Sometimes it is best if the parties can be in the same room to facilitate the process. Remember the mediation is confidential, and you can always ask to separate into rooms if you feel uncomfortable.

Can I electronically record the mediation?

A: No, you can not. The mediator will either provide a Memorandum of Understanding, or a Stipulation for the parties to sign (unless one of the attending attorneys volunteers to draft any final agreement).

UCA 78B-6-208. Confidentiality.

ADR proceedings shall be conducted in a manner that encourages informal and confidential exchange among the persons present to facilitate resolution of the dispute or a part of the dispute. ADR proceedings shall be closed unless the parties agree that the proceedings be open. ADR proceedings may not be recorded.