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Senate backs statewide divorce mediation requirement, with exemptions for abuse victims

Utah State Senate · February 25, 2005
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Summary

The Senate passed House Bill 4 to require a single good‑faith mediation session for divorcing parties statewide, with intake safeguards and exemptions for those fearing intimidation or abuse; sponsors cited high settlement rates in pilot programs.

The Utah Senate voted to pass House Bill 4, a bill that requires parties seeking divorce to participate in at least one good-faith mediation session statewide. Sponsor Senator Bell (presenting the house sponsor) said interim committee work and pilot programs (Third District and Weber County) showed mediation greatly reduced contested cases and resulted in settlements in many instances.

Supporters emphasized that mediation can be faster, less expensive and less disruptive for families, with research cited showing improved post‑divorce cooperation and involvement by noncustodial parents. Senators asked about protections for victims of domestic abuse; the bill includes intake screening and an option to excuse those who cannot safely participate, allows an intake-only session without facing the other spouse, and authorizes review by the mediator's director or the presiding judge to excuse parties at risk.

The bill was moved under suspension of the rules to be read for second and third times and was passed by the Senate (recorded as 26 yes, 0 nay, 0–1 absent as noted in the roll call). The Senate will sign and return the measure to the House for the speaker's signature.

What's next: Because the bill includes intake screening and a defined exemption pathway for abuse victims, implementation will focus on mediator training, intake protocols and coordination with judicial officers.