What is mediation?

Mediation is a structured, problem-solving process in which the mediator will act as a neutral and impartial facilitator of communications for the purpose of negotiating a voluntary agreement that resolves disputes existing between yourself and the other parties to mediation.

How much does mediation cost?

Shane’s fees are $300 per hour, with a minimum of two (2) hours. The cost is shared equally between the parties unless they have agreed otherwise in advance. Payment is required at the conclusion of mediation via cash, check, credit/debit card, or Venmo.

How is “mediation” different from “arbitration” and “litigation”?

Litigation and arbitration are adversarial by design. They require each of the parties to use argument and evidence to persuade an authoritative decision-maker (i.e., the judge or arbitrator) to decide a dispute and impose a resolution in a party’s favor.

In contrast, a mediator is neither a judge nor an arbitrator and has no authority to decide the parties’ case or to impose a settlement. To the extent the mediator may suggest proposals or solutions, they are merely suggestions meant to promote negotiations and the problem-solving process. Instead, the parties remain the decision-makers in mediation with the mediator assisting them to negotiate their differences and to investigate the possibility of agreements that resolve their disputes.

Do I need an attorney for mediation?

You are strongly encouraged to obtain competent legal advice from an attorney prior to mediating. Parties have the responsibility to inform themselves of their legal rights, interests, and obligations prior to mediation. If you cannot afford an attorney, there is a list of free legal clinics where you may obtain legal advice on the “Resources” page of this website. Additionally, meeting with other relevant professionals (i.e., accountants, financial planners, therapists, etc.) may help a party to understand and protect his/her rights.

Is Shane an attorney?

Yes. Shane is an attorney-mediator, meaning he is licensed to practice law in the State of Utah. Shane was a litigation attorney who practiced family law for more than a decade prior to becoming a mediator. That said, even though Shane is an attorney, he cannot provide you legal advice in his role as a mediator.

Will I have to speak with the other party at mediation?

No. Shane conducts “shuttle” mediation, meaning that the parties remain in separate rooms with their respective attorneys while Shane shuttles communications and offers between the rooms to broker a deal.

What is expected of me at mediation?

You are expected to mediate in good faith, which means that you will sincerely attempt to resolve the issues at hand by participating fully and genuinely in the search for fair and workable solutions. It also means that you will cooperate with the mediation process by remaining courteous throughout the session(s) and that you will otherwise refrain from personal attacks and angry outbursts, whether verbal or via text/email during mediation.

Do I have to agree/settle at mediation?

No. You alone decide whether to enter into any agreement in mediation, and any agreement you enter into will be voluntary. You do not have to agree at mediation, and you may terminate the mediation at any time. The other parties to mediation have that same right. The mediator also reserves the right to withdraw or terminate the mediation if he determines, in his sole discretion, that the parties have reached an impasse, that the problem-solving process has stalled, or that the issues cannot be resolved in mediation. Because mediation itself and any agreement resolving your dispute is voluntary, the mediator cannot and does not guarantee that an agreement will be reached or that your dispute will be resolved in mediation.