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Mediation Services


"Mediation is an opportunity to facilitate negotiation, avoid costly court battles, focus on the needs of children during divorce proceedings, be treated fairly and come to an agreed upon solution to a problem or issue." – Tamara A. Fackrell, Attorney at Law & Master Mediator

Whether you are a person looking for a mediator’s help with a pending issue or an attorney needing to resolve a dispute through mediation, Tamara A. Fackrell, Attorney at Law and Master Mediator, has the skill set and certifications to provide what you need. She is a determined client advocate, founding Director of the Schooley Mediation Program at the Brigham Young University Law School, and her company is the premiere training entity in Utah County for Basic Mediation and Domestic Mediation for the Administrative Offices of the Courts.

Divorces that Stay Out of the Courtroom

Instead of engaging in an expensive courtroom battle, some couples choose a more cooperative approach, saving them each valuable time and money. This doesn’t mean there aren’t tough issues to work through. However, most couples find it is better to make the decisions themselves rather than having a Judge force decisions upon the family. Through mediation, Tamara A. Fackrell has the opportunity to resolve the full range of issues involved in the divorce. Then Tamara can prepare your uncontested divorce paperwork at a discounted rate she gives to her mediation clientele.

Why mediation?

While courtroom battles are sometimes inevitable, mediation can be an effective alternative to costly and often divisive court proceedings. Whether a legal issue is business or family related, mediation can be the means of maintaining and protecting relationships when the pending situation is settled. In today’s ever-changing business environment, the difference between success and failure often rides on the nature of relationships – past as well as present or future relationships.

Tamara A. Fackrell, an experienced attorney and Master Mediator, has mediated thousands of cases. She says, "Mediation provides an environment that is much less formal than a court proceeding, one that is flexible and encourages open discussion in an atmosphere that is generally much less combative and much less rigid than is found in a courtroom. Mediation encourages creative solutions and the building of bridges between parties on each side of an issue."

During mediation there is no formal presentation of evidence, but all parties involved have the opportunity to tell their side of the story. Tamara ensures that everyone is heard and their input validated. Her work has included extensive experience with persons having high-conflict personalities. Tamara views mediation as such a valuable tool that she embraces and implements its precepts in aspects of her life that fall well outside the world of jurisprudence.

Areas in which Tamara has provided mediation services include, but are by no means limited to the following:
  • Divorce
  • Domestic issues
  • Adoption
  • Business dealings
  • Employment grievances
  • Estate planning
  • Paternity
  • Work place disputes
  • Landlord-tenant disagreements
  • Small claims issues
  • Parent-teen relationships
  • Probate
  • Delinquency proceedings
  • Victim-offender relationships, and
  • Commercial Issues

Does a mediator have to be an attorney?

While a mediator does not have to be an attorney, there are certain benefits that come from seeking help from an attorney-mediator. Since attorneys have experience with the law, they can offer clients legal information and their legal experience. However, an attorney-mediator cannot advocate for either side or act as an attorney for either side in the mediation. Moreover, only an attorney can write up the legal stipulation after mediation is complete. A mediated agreement written by a non-attorney mediator must be turned into a legal pleading before it can be filed with the court.

Tamara believes in an efficient and effective mediation process. If desired by the parties, and if their attorneys are present or contacted via phone during the mediation session, Tamara will write a well-worded and comprehensive agreement that can be signed by the parties involved and notarized prior to the session’s end. If both sides of the issue are Pro Se Clients (unrepresented by attorneys) and a full agreement is reached, she can complete their uncontested paperwork or modification paperwork with the court (See Utah Rules of Professional Conduct 2.4c).

Qualifications:
  • Attorney-Mediator (Master Mediator, Domestic Mentor, & Court Rostered Mediator)
  • PhD in Marriage, Family, and Human Development
  • Law School Professor teaching Mediation for 14 years
  • Formally Trained Collaborative Lawyer
  • J.D. graduating Cum Laude from Brigham Young University Law School
  • B.S. in Psychology and Communication graduating Magna Cum Laude
  • LLM Candidate in International Dispute Resolution at Pepperdine Law School
  • Author of Crossroads of Divorce: Should I Keep Trying to Work It Out (click here for a free pdf)
  • Author of many scholarly articles relating to divorce, marriage, and workplace issues
  • Bonded Notary
  • Owner of Innovative Training Solutions, for Basic Mediation and Domestic Mediation for the Administrative Offices of the Court
  • Founding Director of the Schooley Mediation Program at the Brigham Young University Law School
  • Founded the Utah Valley University Mediation Program
  • Former Director of the Community Dispute Resolution Services in Utah County
  • Member of the founding Board of the Utah Council on Conflict Resolution
  • Founded the Fourth District Juvenile Court Mediation Program
  • Founded the Fourth District Truancy Mediation Program
  • Co-founder of the Community Mediation Center
  • Advisor to the Judicial Council for Rule 4-510 which made mediation mandatory for domestic cases in the State of Utah
  • Instructor – Mediation, Communication, Negotiation Strategy
  • Arbinger Trainer