From Deseret News archives:

Mandatory divorce mediation pushed

Ad hoc panel extols benefits in lawmaker meeting

Published: Tuesday, Oct. 21, 2003 6:34 a.m. MDT
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"I think one of the beauties of this thing is keeping the lawyers out of this," Arent said.

But one private mediator questions whether Utah's attorneys will step aside so easily as the state cuts into their bread and butter.

David Musselman said attorneys already are required to show a state video, telling their clients about mediation as an option.

"They're not showing the video," Musselman told lawmakers.

Musselman said attorneys will simply treat mandatory mediation as just another silly requirement.

"Then they're going to tell their clients 'now this is what I can really get you,' " he said. "They're just going to look at this as just another hoop to jump through."

Nelson, who also works in the family law section of the Utah State Bar, said the state bar has expressed support for mandatory mediation.

Nelson said she did not think pushing a bill through the Legislature would be the answer, but rather seeking to have the court rules changed to mandate mediation. Nelson said that process would require a motion to the Utah Supreme Court and asked lawmakers for their support.

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Bell said he did not want to see mediation turn into a legislative issue, particularly with other divorce-related issues on the table.


E-MAIL: gfattah@desnews.com

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