Mediation set in 911 case

PROVO — The family of a man who died while waiting for emergency help that never arrived as a result of a 911 dispatcher error agreed Friday to attempt mediation in an effort to reach a settlement with Provo over his death.

U.S. Magistrate Robert T. Braithwaite will act as the mediator between Scott Aston's family and city officials, Aston family attorney Justin Heideman said. The mediation session is expected to be held within two weeks.

Mediation is not a binding process, so the Aston family could still decide to sue Provo because a city dispatcher mishandled Aston's 911 call in October. Aston died of unknown causes after emergency workers failed to find his apartment.

The agreement includes a self-imposed gag order on both sides, according to a joint statement released by the city and the family.

"Representatives of the Aston family and Provo city further acknowledge that mediation is a private process," the statement said. "Accordingly, with the release of this statement, there will be no . . . additional public comments made about any aspect of the issue that is commonly referred to as the Provo City/Aston 911 issue. Both parties agree that there will be no off-the-record contact or discussions with the media.

"The next communication on this issue will come as a joint statement from the representatives of the Aston family and Provo City."

The decision to seek mediation made sense for both sides, said Tamara Fackrell, an attorney and mediation expert who teaches at Brigham Young University. The city can share information it won't release publicly because the process is confidential, and the Astons will still have multiple options if they aren't satisfied.

"Plaintiffs generally can terminate the process at any time, and if they don't reach a settlement they can still pursue a remedy through arbitration or through the courts," Fackrell said.

The sides will meet privately with the judge, and if they follow general practice, no records will be kept. Mediators often destroy any notes they take during a session.

"A mediator generally has no power to make a decision about what the parties are going to do," Fackrell said. "The mediator just acts as a facilitator, creating an atmosphere where the sides can share their perspectives in a safe, secure setting."