Can I use mediation before filing a lawsuit?
Yes, you can use private mediation before filing a lawsuit, because it is voluntary, needs no case number or court approval, and leaves every legal option open to you if the two of you do not reach an agreement.
Yes. You don't need to file anything to start mediation. If you and the other person are willing to talk, you can sit down with a mediator first and see whether you can sort it out without a court.
Do I need a case number to mediate?
No. Private mediation happens outside the court system. Two people agree to meet with a neutral mediator, and that is all it takes to begin. There are no forms to file with a court and no judge involved.
This is different from court-ordered mediation. In some situations, such as certain contested divorces in Utah, a court requires mediation after a case is filed and the mediator must be on the court's roster. Private, voluntary mediation has no roster requirement. You and the other person simply choose to try it.
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Open the savings toolWhen does it make sense to mediate first?
Mediation before a lawsuit tends to work well when both people still have some willingness to talk. A few common examples:
Money owed. A personal loan that was never repaid. A deposit that wasn't returned. An unpaid invoice. These are often about more than the dollar amount. Trust and fairness are usually part of it too.
Contracts. A job that didn't turn out the way one person expected, or a disagreement about what an agreement really meant. Talking it through can clarify what each of you understood at the start.
Partnerships. Business partners and co-founders often want to protect the company and the working relationship while they settle the disagreement. Our guide to co-founder dispute mediation covers this in more detail.
Roommates. Shared bills, a broken lease, a security deposit, or who keeps the furniture. These disputes are personal, and a calm conversation can do a lot.
In each case, mediation gives you a private space to say what matters to you and hear what matters to the other person. You build the agreement together instead of waiting for someone else to decide.
How does Utah small claims fit in?
If your dispute is about money, it helps to know the court option. Utah small claims court handles cases up to $20,000. That limit is set to rise to $25,000 in 2030. Trials are typically set 30 to 60 days after filing, and the person you are suing must be served within 120 days.
Small claims is built to be simpler than a full lawsuit, and it serves a real purpose. Still, it involves filing, serving papers, waiting for a date and preparing your case. Then a judge decides. Mediation can often be scheduled much sooner, and the two of you shape the outcome yourselves. For a closer look at the tradeoffs, see small claims mediation in Utah.
What happens if mediation doesn't settle it?
You keep every option you had before. That is one of the main reasons trying mediation first carries little risk.
Mediation is voluntary from beginning to end. Either person, or the mediator, can end it at any time. If you don't reach an agreement, you are free to file in small claims or another court, consult an attorney, or simply take more time to think.
Mediation is also a private process. Generally, what you say in a session stays confidential, with a few legal exceptions. You can speak openly about what you need without worrying that you are building a record for later. Our guide on whether mediation is confidential explains what is protected.
Even when mediation doesn't produce a full agreement, it can narrow the issues. You may leave with a clearer sense of what the other person needs, or with a few points already settled.
How do you get started?
Usually one person reaches out to a mediator first. The mediator can then contact the other person, explain the process and invite them to take part. Nobody is forced to attend. If both of you agree, you schedule a session.
It helps to gather any documents that matter, such as receipts, messages or a written agreement, and to think about what you need from the outcome. If you'd like to know what a session looks like, read what happens in a mediation session.
This guide is general information and not legal advice. If you have questions about deadlines or your legal rights, talk with an attorney.
Not sure if your dispute is a good fit? Book a free 15-minute consult with Salt City Mediation and talk it through.
Common questions
Do I need a court case to start mediation?
No. Private mediation is something two people choose to do together. There is no filing, no case number and no court involvement required. You contact a mediator, both of you agree to take part, and you schedule a session. Court-ordered mediation is a different path that applies once certain cases are already filed.
What happens if mediation doesn't work before I sue?
You keep every option you had before. Mediation is voluntary, and either person can end it at any time. If you don't reach an agreement, you can still file in small claims or another court. Generally, what is said in mediation stays confidential, so you start that next step without having given anything away.
Can I mediate a money dispute instead of going to small claims?
Yes. Disputes over money owed are a common reason people try mediation first. In Utah, small claims covers cases up to $20,000, and trials are typically set 30 to 60 days after filing. Mediation can often be scheduled sooner, and small claims stays available if you need it.
Sources
David Ring III
Mediator and founder of Salt City Mediation LLC. Founder of EmpathEase, an app for practicing empathy and Nonviolent Communication. Completed Utah Dispute Resolution's 40-hour mediation training in 2026.