Given that the 3rd District requires mediation under § 81-9-102(a). (Expedited Parent-time Enforcement Program (emphasis on “expedited”), before it will hear motions to enforce and for sanctions (MTEs) that allege court-ordered parent-time rights are being violated, why do the courts require the parties to coordinate all that with the 3rd District Co-Parenting Mediation Program separately?
The 3rd District requires mediation through the Co-Parenting Mediation Program, so rather than make the parties work through the Co-Parenting Mediation Program, the courts can easily streamline and automate that process.
Rather than have the 3rd District and the Co-Parenting Mediation Program currently require the parents to prepare and submit an intake form to start that process, all of the information on that form (most of which is already known to the court in the first place) could be submitted with the MTE (go ahead and revise URCP 7(B) to require that such MTEs contain that information). Less paperwork.
Then the court—rather than the parents and/or their attorneys–can notify the Co-Parenting Mediation Program to send the parents and/or their attorneys a list of dates and times when mediation can be held within the 15-day deadline required by § 81-9-102(d)) and coordinate scheduling mediation or waiving it, depending upon the circumstances.
If the parents meet in mediation and don’t resolve the dispute, the mediator and parents call the court clerk (who knows there is a mediation taking place that day and knows he/she needs to answer the phone/respond to text messages or email and is required to answer the phone/respond to text messages or email) to schedule a hearing date before they terminate the mediation session.
Fewer steps, fewer moving parts, less work, less time spent, less time wasted. Truly expedited. Better all around. Why is this not being implemented right now?
Utah Family Law, LC | divorceutah.com | 801-466-9277
