Utah law requires parents in contested custody cases to attend mandatory mediation under Utah Code Section 30-3-10.1 before the court will schedule a final trial. The mediation is a confidential, facilitated negotiation session led by a court-approved mediator who helps parents explore settlement options and, if possible, reach a mutually acceptable parenting plan.
Last updated: July 2026
Key Takeaways
- Mandatory mediation in Utah custody cases is required by Utah Code Section 30-3-10.1 before a trial may be scheduled.
- Mediation is confidential. Statements made during mediation cannot be used as evidence in court.
- The mediator is a neutral facilitator who does not take sides or make custody decisions.
- The cost of mediation is typically shared equally between the parents, though the court may adjust the allocation based on financial circumstances.
- If mediation produces an agreement, it is submitted to the court as a stipulated parenting plan.
Utah has embraced mediation as a way to reduce the emotional and financial toll of custody litigation. Parents who resolve custody issues through mediation retain control over the outcome rather than surrendering that control to a judge. Studies consistently show that mediated agreements produce higher compliance and lower rates of relitigation compared to court-ordered custody arrangements.
The mediation requirement applies in all Utah district courts, though the exact process may vary by county. Some courts offer mediation services through the court itself at reduced rates. Others maintain a list of approved private mediators from which the parents must select. Understanding the process and preparing effectively can dramatically increase the likelihood of a successful mediation.
What is mandatory mediation under Utah Code Section 30-3-10.1?
Utah Code Section 30-3-10.1 requires parents who cannot agree on a custody and parent-time arrangement to participate in mediation before the court will set a trial date. The statute provides that the court may order mediation in any case where custody or parent-time is contested. The purpose is to give parents a structured opportunity to resolve their differences with the assistance of a neutral professional.
The mediation must be conducted by a mediator who meets the qualifications established by the Utah Judicial Council. The mediator must have training in family dynamics, child development, and the legal standards for custody determination. Mediators are appointed by agreement of the parties or by the court if the parties cannot agree.
How does the mediation process work in a Utah custody case?
Mediation typically begins with an introductory session where the mediator explains the ground rules. The process is confidential, voluntary in terms of outcome, and nonbinding unless an agreement is reached. Each parent has the opportunity to describe their concerns and their proposed parenting plan. The mediator may meet with both parents together and separately in caucus to explore options.
The mediator helps the parents identify the issues that divide them, generate creative solutions, and evaluate the pros and cons of each option. The mediator does not take sides or recommend a specific outcome. If the parents reach an agreement, the mediator drafts a memorandum of understanding that is submitted to each parent’s attorney for review before being filed with the court as a stipulated parenting plan.
Utah Code Section 30-3-10.1 states that mediation proceedings are confidential and not admissible as evidence in court, ensuring parents can speak freely without fear that their proposals will be used against them later.
Is mediation confidential under Utah law?
Yes. Utah Code Section 30-3-10.1 explicitly provides that mediation proceedings are confidential. Statements made during mediation, proposals exchanged, and the mediator’s notes are not admissible in any subsequent court proceeding. This confidentiality allows parents to be candid about their concerns and to explore settlement options without risking their litigation position.
There are limited exceptions. If a parent discloses an intent to harm the child or another person, or if there is evidence of ongoing child abuse, the mediator may be required to report that information to the authorities. The confidentiality also does not prevent the mediator from reporting to the court whether the mediation occurred and whether an agreement was reached, without disclosing the content.
How much does Utah custody mediation cost?
The cost of mediation varies by county and by mediator. Court-provided mediation services may cost as little as $25 to $50 per hour on a sliding scale based on income. Private mediators typically charge $150 to $350 per hour. Most mediations require 2 to 6 hours, though complex cases may need multiple sessions. The cost is typically split between the parents unless the court orders a different allocation based on financial circumstances.
Some Utah counties offer free or low-cost mediation through the court’s Alternative Dispute Resolution program. Parents should inquire with the court clerk in their county about available mediation resources. The cost of mediation is almost always far less than the cost of a contested custody trial, which can run tens of thousands of dollars in attorney fees and expert costs.
| Mediation Type | Cost Per Hour | Typical Duration | Total Estimated Cost |
|---|---|---|---|
| Court-provided mediation | $25 to $75 | 2 to 4 hours | $50 to $300 |
| Private mediator (non-attorney) | $150 to $250 | 3 to 6 hours | $450 to $1,500 |
| Private mediator (attorney) | $250 to $350 | 3 to 6 hours | $750 to $2,100 |
| Multiple sessions | Varies | 6 to 12 hours total | $1,500 to $4,200 |
What happens if we do not reach an agreement in mediation?
If mediation does not produce an agreement, the mediator reports to the court that mediation occurred but the parties did not reach a settlement. The mediator does not disclose who was at fault or what positions each parent took. The case then proceeds to trial on the contested issues. The court will schedule a pretrial conference followed by a final trial.
Parents who fail to reach an agreement in mediation are not penalized. The court understands that some cases are not amenable to settlement, particularly those involving high conflict, domestic violence, or significant mental health issues. However, parents who refuse to participate in mediation in good faith may face court sanctions, including being ordered to pay the other parent’s attorney fees.
How should I prepare for a Utah custody mediation?
Prepare a proposed parenting plan before mediation begins. Think carefully about what schedule would serve your child’s best interest, including school-year and holiday schedules. Gather any documents that support your position, such as school records, medical records, or communication logs. Write down your top priorities and areas where you are willing to compromise.
Enter mediation with an open mind. The most successful mediations involve parents who listen to each other’s concerns and look for creative solutions. A rigid, all-or-nothing approach almost guarantees failure. Remember that a mediated agreement gives you control over the outcome. A trial puts that control in the judge’s hands. Attorneys can attend mediation with you, though some counties require parents to attend at least part of the session without counsel.
Frequently Asked Questions
Is mediation mandatory in all Utah custody cases?
Yes, for contested custody cases. Utah Code Section 30-3-10.1 requires mediation before the court will schedule a trial. Parents who agree on custody are not required to mediate.
Can my attorney come to mediation with me?
Yes, your attorney may attend mediation. Some counties require an initial session with only the parents present, followed by attorney participation if needed.
What happens if the other parent refuses to mediate in good faith?
The court can sanction a parent who fails to participate in mediation in good faith, including awarding attorney fees to the other party. The mediator reports noncompliance to the court.
How long does a mediation session last?
Most mediation sessions last 2 to 4 hours. Complex cases may require multiple sessions. The mediator will schedule the time needed based on the issues involved.
Can the mediator recommend a custody arrangement to the court?
No. The mediator is a neutral facilitator and does not make recommendations to the court. If the parents do not reach an agreement, the mediator reports only that mediation occurred without a settlement.
Do I have to accept the mediation agreement?
No. Any agreement reached in mediation is voluntary. You have the right to have your attorney review the agreement before signing. You may also withdraw from mediation at any time.
Facing a child custody issue in Utah? Jeremy D. Eveland, MBA, JD, can help protect your parental rights and advocate for your child’s best interests.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.
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