Representation and Mediation

UPDATED: Oct 1, 2022

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Representation and Mediation

Is it legal for an attorney who is representing the petitioner in an annulment to
be the mediating attorney for both sides also?

Is it okay for the petitioner to serve the petition paperwork with the summons
waiver to the respondent?

This is in the state of Utah.

Asked on September 18, 2017 under Family Law, Utah


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Someone who is not a party to the case would serve the respondent.  The petitioner cannot serve the respondent.
The mediator has a conflict of interest having represented the petitioner.  Both the petitioner and respondent should be advised in writing by that attorney of the conflict of interest and that the parties have the right to select another mediator.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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