Utah Code Section 30-3-39 requires parties in a divorce to participate in a least one session of mediation if the respondent files an answer. For more information about mandatory mediation, see our page on Divorce Mediation.
Either party may ask to excuse the mediation requirement, but they must show "good cause" to excuse the requirement.
Reasons parties may be excused from mediation vary from case to case and may include one or both parties do not feel safe or able to fully express themselves in a mediation process, and others as determined by the court, the ADR Office or a court qualified mediator.
Before asking the court to excuse the mandatory divorce mediation requirement, you must first ask the Alternative Dispute Resolution (ADR) Office, or a court qualified divorce mediator to excuse you from the requirement.
Mediation is required in most civil cases in district court if a "responsive pleading" – such as an answer or counterclaim to a complaint or petition – is filed. The judge can also refer parties to mediation to try to resolve specific issues in a case. Rule of Judicial Administration 4-510.06 lists case types that are exempt from mandatory mediation. Upon its own motion or the motion of a party, the court may excuse the parties from participating in the ADR program if the parties are able to show good cause.
Motions decided by a judge and motions decided by a commissioner follow different procedures. See our Motions page for information about the differences in procedure.
If you are not sure whether your case is assigned to a judge or commissioner, find out. Call the court, or look at the caption of the complaint or petition. If a commissioner's name has been listed in the caption, the motion likely will be decided by a commissioner.
Motions decided by a judge are governed by URCP 7. Motions decided by a commissioner are governed by URCP 101.
Information about filing documents in existing cases by email
What forms you need depend on whether your case is before a commissioner or a judge.
If you aren’t sure whether your case is assigned to a judge or commissioner, find out. Call the court or look at the caption of the complaint or petition. If a commissioner's name is listed in the caption, the motion likely will be decided by a commissioner.
What forms you need depend on whether your case is before a commissioner or a judge.
If you aren’t sure whether your case is assigned to a judge or commissioner, find out. Call the court or look at the caption of the complaint or petition. If a commissioner's name is listed in the caption, the motion likely will be decided by a commissioner.
