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Motion to Excuse Mediation


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The information on this page is not a substitute for legal advice. You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options.

See our Finding Legal Help page for information about ways to get legal help. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice. You might also hire an attorney for just part of your case or to do one particular thing, rather than represent you for the whole case. Legal help is also available at discounted rates for people with modest incomes.


Mandatory divorce mediation

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.


Asking to excuse mandatory 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.


Who can excuse the mandatory divorce mediation requirement?

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.

  • If either the ADR Office or a court qualified divorce mediator has excused the requirement, they will notify the court.
  • If either the ADR Office or a court qualified divorce mediator will not excuse the requirement, you may file a motion in your case asking the court to waive the requirement. Forms are provided below.

Asking to excuse other mediation

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.


Will your motion be decided by a judge or commissioner?

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.

Commissioners

  • In Judicial Districts 1, 2, 3 and 4, a Motion to Excuse Mandatory Divorce Mediation will be decided by a commissioner. Commissioners are assigned to hear most matters in divorce cases and several other types of family law cases.

Judges

  • In Judicial District 5, 6, 7, or 8, a Motion to Excuse Mandatory Divorce Mediation will be decided by a judge.
  • In all judicial districts, in all other case types, a Motion to Excuse Mediation will be heard by a judge.

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.


Forms


Mandatory Divorce Mediation


Form to ask the Alternative Dispute Resolution (ADR) Office to excuse mandatory divorce mediation

  • Application to Excuse Mandatory Divorce Mediation - PDF Document PDF

Motion excuse mandatory divorce mediation - decided by a judge


Forms for the Moving Party
Required forms for the moving party
Optional forms for the moving party
  • Reply to Memorandum Opposing the Motion - PDF Document PDF | Word Document Word
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • Notice of Hearing - PDF Document PDF | Word Document Word
    (if a hearing is requested)
Forms for the Opposing Party
Required forms for the opposing party
  • Memorandum Opposing the Motion - PDF Document PDF | Word Document Word
Optional forms for the opposing party
  • Notice of Hearing - PDF Document PDF | Word Document Word
    (if a hearing is requested)
  • Request to Submit for Decision - PDF Document PDF | Word Document Word
    (if the other party has not filed this document)
  • Order - PDF Document PDF | Word Document Word
    (if the opposing party is directed to complete the order)
  • Notice of Order - PDF Document PDF | Word Document Word
    (if the opposing party is directed to complete the order)

Motion excuse mandatory divorce mediation - decided by a commissioner


Forms for the Moving Party
Required forms for the moving party
Optional forms for the moving party
  • Reply to Memorandum Opposing the Motion - PDF Document PDF | Word Document Word
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
Forms for the Opposing Party
Required forms for the opposing party
  • Memorandum Opposing the Motion - PDF Document PDF | Word Document Word
Optional for for the opposing party
  • Order - PDF Document PDF | Word Document Word
    (if the opposing party is directed to complete the order)
  • Notice of Order - PDF Document PDF | Word Document Word
    (if the opposing party is directed to complete the order)

Other Mediation


Motion to excuse other mediation - decided by a judge


Forms for the Moving Party
Required forms for the moving party
Optional forms for the moving party
  • Reply to Memorandum Opposing the Motion - PDF Document PDF | Word Document Word
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • Notice of Hearing - PDF Document PDF | Word Document Word
    (if a hearing is requested)
Forms for the Opposing Party
Required forms for the opposing party
  • Memorandum Opposing the Motion - PDF Document PDF | Word Document Word
Optional forms for the opposing party
  • Notice of Hearing - PDF Document PDF | Word Document Word
    (if a hearing is requested)
  • Request to Submit for Decision - PDF Document PDF | Word Document Word
    (if the other party has not filed this document)
  • Order - PDF Document PDF | Word Document Word
    (if the opposing party is directed to complete the order)
  • Notice of Order - PDF Document PDF | Word Document Word
    (if the opposing party is directed to complete the order)

Motion to excuse other mediation - decided by a commissioner


Forms for the Moving Party
Required forms for the moving party
Optional forms for the moving party
  • Reply to Memorandum Opposing Motion - PDF Document PDF | Word Document Word
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • Notice of Hearing - PDF Document PDF | Word Document Word
    (if a hearing is requested)
Forms for the Opposing Party
Required forms for the Opposing party
  • Memorandum Opposing the Motion - PDF Document PDF | Word Document Word
Optional forms for the Opposing party

Related Information

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Page Last Modified: 11/15/2016
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