Reviewed August 2026
Mediation in Utah
Utah requires mediation in contested divorce cases before trial. Under Utah Code Section 30-3-39, an answer to a divorce complaint triggers this rule. Once the respondent files that answer, the court automatically refers all remaining contested issues to mediation. The parties must attend at least one mediation session. They must also try to resolve their disputes before the case can move forward. This requirement does not stop the court from entering temporary orders while the case is pending. It applies only after an answer is filed, so an uncontested divorce with no answer filed does not trigger the automatic referral. Utah backs this mandatory rule with a formal excuse process for parties who have good cause to skip mediation. It also maintains a certified roster of mediators qualified to handle divorce mediation under state law.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how mediation works under Utah law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Utah paperwork. See how Virdix works for California divorces.
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When mediation becomes mandatory
Under Utah Code 30-3-39, filing an answer to a divorce complaint automatically triggers a referral. All remaining contested issues go to mediation. The parties must complete at least one mediation session. They must make a genuine attempt to resolve the disputed issues before the case can move forward. Utah's courts call this a threshold step. Cases generally cannot move forward until mediation happens or a court excuses the requirement.
Who pays and how much it costs
The parties are responsible for finding and paying their own mediator. Unless the court orders otherwise, or the parties agree to a different split, the cost is split equally between them. A party who cannot afford mediation can submit a Divorce Mediation Program Income Survey to the Alternative Dispute Resolution Office. That office can consider the party for financial assistance or a pro bono mediator. A party can also contact the Divorce Mediation Help Line for more information.
Requesting an excuse from mandatory mediation
Either party can ask to be excused from mediation, but must show good cause. Reasons vary case by case. They can include a party not feeling safe, or not able to fully express themselves in the mediation process. Three different decision-makers can grant an excuse. The Alternative Dispute Resolution Office can grant it through an application form. The mediator assigned to the case can also grant it, then reports the grant to the court. Or the court itself can grant it, through a formal Motion to Excuse Mandatory Divorce Mediation. If the ADR Office denies a request, the party can still ask the court directly.
Outside of divorce cases specifically, Rule of Judicial Administration 4-510.06 lists other case types that are exempt statewide. These are exempt from Utah's broader mandatory mediation program in district court. That broader program applies more generally, once a responsive pleading is filed. A court can excuse parties from that program too, on its own motion or a party's motion, upon a showing of good cause.
Who decides a motion to excuse mediation
Whether a judge or a commissioner decides a Motion to Excuse Mandatory Divorce Mediation depends on the judicial district. In Judicial Districts 1, 2, 3, and 4, a commissioner typically decides it. Commissioners handle most divorce and family law matters in those districts. In Judicial Districts 5, 6, 7, and 8, a judge decides it instead. Motions decided by a judge follow Utah Rule of Civil Procedure 7. Motions decided by a commissioner follow Rule 101.
Mediator qualifications
A mediator providing divorce mediation services in Utah must be qualified on the ADR Court Roster to provide that specific service. This requirement comes from Utah Code Section 78B-6-205. A party cannot simply pick any mediator. The mediator has to meet the state's qualification standard for divorce mediation specifically. Utah's courts maintain a public list of qualified mediators by area. It is available online or by calling the Divorce Mediation Help Line.
Sources: Utah Courts, Divorce Mediation Program (mandatory requirement, cost, statute cite to 78B-6-205), Utah Courts, Motion to Excuse Mediation (statute cite to 30-3-39, excuse process, judge/commissioner)
Not independently confirmed
- The full live text of Utah Code Section 30-3-39 and Section 78B-6-205 was not independently fetched from le.utah.gov during this research, since that site requires JavaScript rendering that automated tools could not execute; the statute text described here is drawn from the Utah Courts' own program pages quoting and summarizing those sections.
- Whether Utah's mandatory divorce mediation program has an explicit statutory domestic violence opt-out beyond the general good-cause excuse process was not independently confirmed and should be raised directly with the ADR Office or the court.
Mediation in Utah: frequently asked questions
Is mediation mandatory in a Utah divorce case?+
Yes, once the respondent files an answer. Under Utah Code 30-3-39, all remaining contested issues are then referred to mediation. The parties must attend at least one session before the case can move forward, unless a court excuses them for good cause.
Who pays for mandatory divorce mediation in Utah?+
The parties pay, generally split equally. The court can order otherwise, or the parties can agree to a different split. A party who cannot afford it can apply for financial assistance or a pro bono mediator through the Divorce Mediation Program Income Survey.
How do I get excused from mandatory mediation in Utah?+
You must show good cause, such as not feeling safe or not able to fully participate in mediation. You can ask the Alternative Dispute Resolution Office, the mediator assigned to your case, or the court itself, through a Motion to Excuse Mandatory Divorce Mediation.
Does mandatory mediation stop the court from issuing temporary orders in Utah?+
No. Utah Code 30-3-39 states that the mediation requirement does not block the court from entering pretrial, or temporary, orders while the case is pending mediation.
Who decides my motion to excuse mediation in Utah, a judge or a commissioner?+
It depends on your judicial district. In Districts 1 through 4, a commissioner typically decides it. In Districts 5 through 8, a judge decides it instead. Judges follow Utah Rule of Civil Procedure 7. Commissioners follow Rule 101.
What qualifications does a Utah divorce mediator need?+
The mediator must be qualified on the ADR Court Roster to provide divorce mediation specifically. This comes from Utah Code Section 78B-6-205. A list of qualified mediators by area is available through the Utah courts or the Divorce Mediation Help Line.
This page is general information about mediation in Utah, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Utah's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Utah. Virdix does not prepare or file Utah divorce paperwork. It is not a substitute for an attorney licensed in Utah.
More Utah divorce guides
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