The Co-Parenting Mediation Program
Purpose
In order to provide a speedy response to parents with parent-time (visitation) disputes, the 1997 Utah State Legislature enacted the Expedited Parent-time (visitation) Enforcement Pilot Program, more commonly known as the Co-parenting mediation program. This program was developed on the premise that children's best interests are served when parents work cooperatively. Accordingly, the purpose of the Co-parenting mediation program is to help parents resolve parent-time (visitation) disputes without formal court intervention and to foster a healthy climate in which children may be raised.
To fulfill its purpose, the program utilizes mediation to resolve parent-time (visitation) disputes, recruiting and maintaining a roster of private, professional mediators who conduct the mediation sessions. The program also provides parent-time (visitation) services, and follows-up with the parties for six months after an agreement is reached.
Overview of Mediation
What is mediation?
Defined by Webster, mediation is "an attempt to effect a peaceful settlement or compromise...through the benevolent intervention of a neutral power." As used by the Co-parenting mediation program, and the Administrative Office of the Courts, mediation is a process where disputing parties meet together to identify their issues and resolve their differences through the use of a neutral third party-the mediator. Parent-time (visitation) mediation is a conflict resolution tool used by parties, attorneys, and the Court to find a peaceable, practical resolution to issues in dispute. Also, mediation has several advantages:
- It provides a confidential, and informal climate which fosters open and honest discussions;
- It gives parents an opportunity to express their parent-time (visitation) concerns (much more so than in open court);
- The mediator is there to help the parties communicate and explore ways to ensure reliable contact with their child(ren);
- Children may be included in mediation.
Although part of the court/litigation process, mediation is often used by parties to step out of the adversarial arena of the courtroom and, with the help of the mediator, explore beyond their 'legal rights' and identify their needs and develop a parenting plan that works for not only both parents, but also for the child(ren). Mediation often stresses that conflict is a problem to be solved, not a battle to be won.
Professional Mediators
Who are the mediators?
The program has compiled a roster of well-qualified, experienced mediators. In order to be invited to the roster, each mediator is required to complete comprehensive domestic mediation training and have significant domestic mediation experience. Further, mediators are selected based on the diversity and breadth of their education and expertise. Mediators are assigned to a case by the program-not selected by the parties. Assignments are based on a mediator's availability and area of expertise in relation to the disputed issues.
How the Program Works
What can I expect when my case is referred to the program?
Pursuant to the Utah Code Annotated, §30-3-38, when a parent files a motion in the Third District Court alleging a dispute with court-ordered parent-time (visitation), the clerk's office will refer the case to the mediation program.
If a parent is unfamiliar with the procedure of drafting and filing a motion, or cannot afford an attorney to file one on their behalf, they may call the Legal Aid Society of Utah for assistance. If Legal Aid has helped the other parent in the past, or if a parent does meet their financial criteria, Legal Aid has available the necessary paperwork to have your parent-time (visitation) dispute mediated and/or heard by the court.
Once referred, each case will be screened for mediation and, if appropriate, assigned to a mediator. Mediation will then be scheduled to take place within 15 days and notice is mailed out to the parties. Since this initial mediation is mandatory, parties must attend. Non-attendance may be reported to the Court and sanctions may be imposed.
All participants are asked to sign what is called an "Agreement to Mediate". This agreement to mediate sets forth the ground rules for the mediation, and explains what may happen during the session. This Agreement to Mediate does not bind anyone to any of the terms or proposals for settlement discussed during the session. It simply lets the mediation proceed in an organized and safe environment.
The mediator is a third-party neutral and cannot give legal opinions or advice. If the parties wish to inquire about their legal rights, they should consult an attorney and not inquire of the mediator.
If the parties are able to successfully mediate their dispute, a Memorandum of Understanding will be drafted and given to the parties and, if they wish, their attorneys. The parties may elect to have their understanding formally drafted by an attorney and presented to the court for signature. The program will maintain contact with the parties for up to six months after the mediation to ensure compliance with the terms of the agreement.
If the parties are unable to reach an agreement, the court will be notified and the case will be referred back to litigation. Further, if an agreement is reached but not complied with, parties may elect to attend another mediation, or pursue the dispute through litigation.
Talking Circles
It is not uncommon for parents to receive both positive and negative feedback from friends and family about agreements reached in mediation. To defend against this and strengthen their agreement, parents may elect to participate in what is called a "Talking Circle." Under the direction of a facilitator, or "Keeper" of the Circle, parents invite family members, friends, and others who play key roles in the their lives and the lives of their child(ren).
This successful form of structured dialogue brings together and shares the collective wisdom and good will of the group to plan ahead and resolve concerns. As in mediation, interaction of the group is voluntary and confidential.
Cost
How much will all of this cost me?
The cost of mediation and the cost of services required to facilitate parent-time (visitation) will be split equally and paid by the parties. The mediator's fee for sessions conducted through the program is $75.00 per hour, due at the conclusion of the mediation session. One can expect a mediation of this type to last approximately two (2) hours. A party's fee for mediation may be reduced or even waived if the party financially qualifies. Arrangements for a reduced or waived fee must be made before the mediation takes place. These billing guidelines are available upon request.
Parent-time (visitation) Services
What are parent-time (visitation) services?
The parent-time (visitation) Mediation Program currently works with WillWin Services, Inc., an established, private organization that provides parent-time (visitation) services to help eliminate barriers to parent-time (visitation). The services available may include:
- Supervised parent-time (visitation);
- Neutral drop-off and pick-up;
- Education classes;
- Other related activities.
The cost for these services may be paid for by the program.
Statistics
This all sounds good, but does it really work?
Our latest research shows that 60% of the cases mediated are resolved and reach full agreements as to parent-time (visitation) (and sometimes other issues, too). Another 22% reach at least partial agreements, clarifying and narrowing down the issues for the court to decide. Participants rated their overall experience with mediation as 'good' or 'excellent' in 59% of the evaluations returned, and 61% indicated that they would return to mediation if future problems arose.
A Little Reality Check
There is nothing "magic" about mediation. It is not a "cure-all," nor is it a guarantee that problems will not arise in the future. Even parties that have reached comprehensive and full agreements in mediation are faced with new (and sometimes old) disputes in the following days, weeks, or months. Sometimes an agreement is good in theory and looks great on paper, but due to unforseen circumstances, misunderstandings, or outside pressures, the carefully balanced equation can be threatened and upset. When (not if) this happens, many simply throw up their hands and give up, deciding (often in a moment of frustration or anger) to abandon the agreement and rush to court when the new problem or dispute can usually worked on and resolved.
Aim of the Program
One of the goals of the Co-Parenting Mediation Program is to provide separated parents a different model of conflict resolution--one based on problem-solving techniques and open communication, taking the responsibility for resolution out of the hands of a third party (the Judge), and putting it back into the hands of those in dispute.
The Co-Parenting Mediation Program is dedicated to serving the best interest of children through quality mediation services. If you have a parent-time (visitation) dispute and would like more information about mediation services, please contact us at:
Administrative Office of the Courts
450 South State Street
P.O. Box 140241
Salt Lake City, UT 84114-0241
(801) 578-3826
(801) 578-3843 (FAX)