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 3 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.

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