Mediation FAQ

Living and working in a community is about relationships–between individuals, neighbors, contractors, landlords and tenants, small businesses, and academic institutions.  Litigation can be adversarial, unpleasant, time-consuming, and costly.  Disputes are often the result of misunderstandings and miscommunications. Contested issues can almost always be worked out by sitting down face-to-face with the other party, acknowledging what went wrong, and trying to fix it.  There is no doubt that sometimes a judge or jury is necessary to resolve a dispute.  However, we need each other to create a thriving and positive community, and mediation is one way to achieve that harmony.

Mediation FAQs

Please click on the links below to view the FAQ answers

Parties meet with the mediator and issues are discussed with an eye toward mutual agreements on resolving the issue(s).  Mediations will either be held with all parties in the same room or in separate spaces.

It means that whatever you say in mediation (whether it is when you and the mediator are talking alone, or when you and the other party are talking with the mediator), will not be repeated outside the mediation by the mediator or any party present. If the mediation is not successful and you go to court or another legal proceeding, the mediator cannot be subpoenaed or required to testify in court, nor can any/all records or paperwork from MMC be used in the court proceeding.

Parties are encouraged not to share information discussed during mediation outside of the mediation, and bringing up these details in front of a judge is frowned upon.  This confidential space allows greater transparency during the mediation from all parties increasing the chances of a mutually acceptable resolution.

That both parties must agree to mediate. If one party does not want to participate, then the mediation cannot occur. Either party or the mediator may end the mediation at any time, for any reason.

If you and the other party are unable to come up with an agreement in mediation, then you can take other action such as filing a claim in court (or return to court if you have already initiated a complaint) or take the matter to arbitration.  That is your choice. The mediator will not tell you what to do.  The mediator does not provide legal advice or encouragement to either party.

Mediation gives you and the other party the chance to resolve the dispute yourselves. Most people are more satisfied with resolutions that they develop themselves. In general, mediation is less costly and faster than arbitration or litigation.

You may bring your attorney to the mediation, but counsel is not required. If your attorney does not participate and a written agreement is created during the mediation process, you may take the agreement to your attorney for review, before it is finalized. You may also contact your attorney via telephone at any time during the mediation.  Mediators do not provide legal advice or encouragement to either party.

We suggest allowing up to 4 hours for mediation.  This time may be shorter, or additional sessions may be needed.  Being prepared for your mediation with relevant paperwork and an understanding of the issues increases productive use of time.

MMC is fortunate to work with professional and court-qualified mediators who volunteer their services for many of our programs. Our mediators have completed specialized training and have significant mediation experience.

Both parties have to reach and sign a written agreement for the process to be legally binding.  If one or both parties are unsatisfied with the outcome, or do not agree to a solution, then they are free to use the court system to resolve their dispute.

Translate »

Valeria Jimenez – Case Manager & Outreach Coordinator

Valeria is the Outreach & Program Coordinator for Mountain Mediation Center, administering the landlord-tenant eviction diversion program in partnership with local organizations to help prevent and resolve landlord-tenant disputes. She specializes in public outreach, collaborating with agencies and community partners, and connecting communities to resources.

During her time at the Utah State Courts, she managed statewide community outreach initiatives, education of court programs to the public, and was chosen as a recipient of the Excellence in Advancing Justice award. Beyond her professional capacity, Valeria volunteers with We Rise First-Generation Scholars, a program of the Wasatch Education Foundation. Valeria is passionate about bringing young Latino leaders together and building community in the professional, academic, and civic space. She has plans to continue her education by earning a J.D. in the near future.

Kris Campbell – Program Director

Kris is the Program Director for Mountain Mediation Center, overseeing MMC’s programs, fundraiser, and rapidly expanding training program, and coordinating our dedicated volunteers. He is passionate about bringing people together to work through conflicts productively. Kris began his work with MMC as a volunteer in 2020, facilitating Community Conversations and leading training sessions to build understanding, connection, and community along the Wasatch Back. In 2023, Kris served as MMC’s Board Chair. 

When he’s not at work, Kris often spends time with his kids, serving the community through Rotary, Braver Angels, and the Park City LGBTQ+ Taskforce, or exploring area trails.

Gretchen Lee – Executive Director

Gretchen is an attorney and a court-qualified mediator with the Utah Courts. She has an extensive government relations background- having worked as an attorney for the Utah State Legislature as well as the private and nonprofit sectors drafting resolutions, initiatives and other policy documents. Gretchen serves on the Board of Trustees for the Utah Council of Conflict Resolution and is a member of the Restorative Justice Collaborative of Utah. She graduated from Colgate University and Emory School of Law.