About Resolution by agreement
The Expert
My name is Stephen Clark. I practiced law for more than 35 years. After stints with a Wall Street law firm, a Fortune 50 company, and a national civil rights organization, I focused the last 20 years of my practice on helping individuals in family law cases. I handled hundreds of family law cases through all the various stages of litigation, including numerous trials, but most of the cases were resolved through mediation - some sooner, some later. I know from first-hand experience the difficult challenges family law matters present. I have the knowledge and expertise to help you achieve a resolution. I will hear your voice, with compassion, and do my best to help you reach resolution by agreement through principled negotiation.
The Mediation Alternative
Mediation allows you to resolve your family law matter without the stress, expense and uncertainty of litigation. The core mediation principle of self-determination guarantees that, if you participate in good faith, engage in principled negotiation, and reach resolution by agreement,
you will have not only a clear voice
but also a strong hand
in the outcome.
Additional information for parties and counsel
Our Mediation Standards
I started Resolution By Agreement with a simple idea: to give individuals not only a voice, but also a hand, in crafting the solution to their family-law matters. As a longtime litigator, I wanted to bring my considerable experience in the litigation context to bear in the very different context of mediation, where there is an opportunity to reach resolution by agreement. The standards that apply in the mediation context, which I promise to strive to meet, and which may be of interest to parties and counsel, are available here:
Utah Mediation Best Practice Guide - Updated 5/2022 (utcourts.gov) .
Our Mediation Style
Each mediation is unique, and how it unfolds depends not only on the issues, but also on the personalities of the participants. In formal terms, recognized mediation styles include "facilitative" (where the mediator's main role is to facilitate agreement); "analytical" (where the mediator helps analyze the issues in light of governing legal authorities, always without providing legal advice); and"evaluative" (where the mediator shares his experience with how courts might approach the issues, again without giving legal advice or predicting outcomes). These styles are not mutually exclusive, and one or more may help the parties reach resolution by agreement. Regardless of the mediation style, however, the core principle of Resolution By Agreement is the self-determination of the parties, and the key to a successful mediation is to follow the model of "principled negotiation" described in the seminal mediation handbook, "Getting to Yes."