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| FREQUENTLY ASKED QUESTIONS Mediation |
NOTICE: None of these questions and answers constitute legal
advice. To obtain legal advice, consult with an attorney. This is
especially important in divorce and family law matters, in which
outcomes are often peculiar to the particular facts and
circumstances of the case.
Q. What is mediation?
A. Mediation is an informal process for problem-solving. A neutral
person -- a mediator -- helps parties to discuss, negotiate, and
reach an agreement to resolve a conflict or dispute.
Q. What are the advantages of mediation?
A. Mediation allows parties to control outcomes in ways that courts
are unable to do. Mediation provides a calm, reflective setting for
settling personal matters. Mediation provides a means for private
and confidential exchange of information. Mediation is less costly
than litigation, both financially and emotionally. Finally, successful
mediation can create positive momentum between parties as they
move on with their lives.
Q. How does mediation work?
A. In a series of meetings, a mediator helps each party voice his or
her own needs and interests, understand the concerns of the other
party, and together develop options and alternatives, as the parties
move toward an agreement.
Q. Who makes decisions in mediation?
A. The parties make decisions. Unlike an arbitrator or a judge, a
mediator has no power to make any decisions. In mediation, the
parties control the outcome.
Q. How long does mediation take?
A. A mediation session is typically scheduled for 2 or 3 hours. The
number of sessions required to reach an agreement depends on a
variety of factors, including the number and complexity of issues to
be resolved, and the ability of parties to identify and discuss options
for settlement.
Q. How much does mediation cost? Who pays?
A. Parties are charged for mediation on an hourly basis. Hourly rates
vary from mediator to mediator. The parties themselves decide how
to divide the costs.
Q. Does the mediator act as a lawyer for either party -- or
both parties?
A. No. The mediator is a neutral person, skilled at helping parties
resolve conflict. The mediator does not act as a lawyer for either
party -- or for both parties. Parties should consult their own
attorneys for legal advice.
Q. Do lawyers come to mediation?
A. Sometimes. You can agree to mediate with or without lawyers
present. You are encouraged to consult your own attorney about
issues being discussed.
Q. If a lawsuit has already been filed, is it too late to go to
mediation?
A. No. You can choose to mediate your dispute at any time --
before or after litigation is under way. Mediation can be a
cost-effective alternative to continued litigation.
Q. Am I required to go to mediation?
A. Mediation is usually voluntary, but in Maryland a court can order
parties to attend settlement conferences, which are like mediation
sessions and are usually conducted by mediators, concerning
custody, property and support.
Q. Can what is said in mediation be used against me in court?
A. Discussions in mediation are confidential and cannot be used as
evidence in any court, arbitration or administrative hearing. No
information obtained during mediation will be given to any outside
person unless both parties agree.
Q. What issues can be mediated?
A. Any issue which can be included in a separation or parenting
agreement can be mediated. In Maryland, parents are encouraged to
reach agreement concerning custody and visitation, and child
support. A husband and wife may make a valid and enforceable
agreement that relates to alimony, support, property rights, or
personal rights. Provisions regarding debts, pets, cars, household
furnishings, health insurance, life insurance, retirement and survivor
benefits, business interests, bank accounts and investments,
college costs, and attorney fees may also be included in a mediated
separation agreement.
Q. Can a mediated agreement include terms that a court could
not order?
A. Yes. Parties often include provisions in a mediated agreement
which are beyond a court's power to order. However, once included
in a mediated agreement, such terms can be enforced by court
order.
Q. What is the difference between mediation and arbitration?
A. In mediation, a neutral person -- a mediator -- helps parties to
discuss, negotiate, and reach an agreement to resolve a conflict or
dispute. In arbitration, parties submit their dispute to a neutral
person -- an arbitrator -- who decides the outcome of the dispute.
In mediation, the parties decide the outcome; in arbitration, the
arbitrator decides.
Q. How does mediation end?
A. When the parties reach agreement, the mediator will produce a
list of the terms for review by both parties. Then, if the parties
request, the mediator may draft a formal separation and property
settlement agreement.
Q. If I reach a mediated agreement do I still have to go to
court?
A. Yes, but the court proceedings are usually brief and uncontested.
In Maryland, instead of a 2-day or 3-day custody or divorce trial, if
an agreement is reached in mediation, a 10-minute hearing is usually
all that is needed.
Q. What do I need to bring with me to the first mediation
session?
A. You do not have to bring anything with you, except for your
willingness to participate. However, parties in mediation often find it
helpful to bring financial records or other papers that might help
everyone reach an agreement.
Q. Can mediation be used to resolve ongoing parenting
issues?
A. Mediation can be used to resolve a variety of ongoing parenting
disputes or to assist parents in routine co-parenting decisions.
advice. To obtain legal advice, consult with an attorney. This is
especially important in divorce and family law matters, in which
outcomes are often peculiar to the particular facts and
circumstances of the case.
Q. What is mediation?
A. Mediation is an informal process for problem-solving. A neutral
person -- a mediator -- helps parties to discuss, negotiate, and
reach an agreement to resolve a conflict or dispute.
Q. What are the advantages of mediation?
A. Mediation allows parties to control outcomes in ways that courts
are unable to do. Mediation provides a calm, reflective setting for
settling personal matters. Mediation provides a means for private
and confidential exchange of information. Mediation is less costly
than litigation, both financially and emotionally. Finally, successful
mediation can create positive momentum between parties as they
move on with their lives.
Q. How does mediation work?
A. In a series of meetings, a mediator helps each party voice his or
her own needs and interests, understand the concerns of the other
party, and together develop options and alternatives, as the parties
move toward an agreement.
Q. Who makes decisions in mediation?
A. The parties make decisions. Unlike an arbitrator or a judge, a
mediator has no power to make any decisions. In mediation, the
parties control the outcome.
Q. How long does mediation take?
A. A mediation session is typically scheduled for 2 or 3 hours. The
number of sessions required to reach an agreement depends on a
variety of factors, including the number and complexity of issues to
be resolved, and the ability of parties to identify and discuss options
for settlement.
Q. How much does mediation cost? Who pays?
A. Parties are charged for mediation on an hourly basis. Hourly rates
vary from mediator to mediator. The parties themselves decide how
to divide the costs.
Q. Does the mediator act as a lawyer for either party -- or
both parties?
A. No. The mediator is a neutral person, skilled at helping parties
resolve conflict. The mediator does not act as a lawyer for either
party -- or for both parties. Parties should consult their own
attorneys for legal advice.
Q. Do lawyers come to mediation?
A. Sometimes. You can agree to mediate with or without lawyers
present. You are encouraged to consult your own attorney about
issues being discussed.
Q. If a lawsuit has already been filed, is it too late to go to
mediation?
A. No. You can choose to mediate your dispute at any time --
before or after litigation is under way. Mediation can be a
cost-effective alternative to continued litigation.
Q. Am I required to go to mediation?
A. Mediation is usually voluntary, but in Maryland a court can order
parties to attend settlement conferences, which are like mediation
sessions and are usually conducted by mediators, concerning
custody, property and support.
Q. Can what is said in mediation be used against me in court?
A. Discussions in mediation are confidential and cannot be used as
evidence in any court, arbitration or administrative hearing. No
information obtained during mediation will be given to any outside
person unless both parties agree.
Q. What issues can be mediated?
A. Any issue which can be included in a separation or parenting
agreement can be mediated. In Maryland, parents are encouraged to
reach agreement concerning custody and visitation, and child
support. A husband and wife may make a valid and enforceable
agreement that relates to alimony, support, property rights, or
personal rights. Provisions regarding debts, pets, cars, household
furnishings, health insurance, life insurance, retirement and survivor
benefits, business interests, bank accounts and investments,
college costs, and attorney fees may also be included in a mediated
separation agreement.
Q. Can a mediated agreement include terms that a court could
not order?
A. Yes. Parties often include provisions in a mediated agreement
which are beyond a court's power to order. However, once included
in a mediated agreement, such terms can be enforced by court
order.
Q. What is the difference between mediation and arbitration?
A. In mediation, a neutral person -- a mediator -- helps parties to
discuss, negotiate, and reach an agreement to resolve a conflict or
dispute. In arbitration, parties submit their dispute to a neutral
person -- an arbitrator -- who decides the outcome of the dispute.
In mediation, the parties decide the outcome; in arbitration, the
arbitrator decides.
Q. How does mediation end?
A. When the parties reach agreement, the mediator will produce a
list of the terms for review by both parties. Then, if the parties
request, the mediator may draft a formal separation and property
settlement agreement.
Q. If I reach a mediated agreement do I still have to go to
court?
A. Yes, but the court proceedings are usually brief and uncontested.
In Maryland, instead of a 2-day or 3-day custody or divorce trial, if
an agreement is reached in mediation, a 10-minute hearing is usually
all that is needed.
Q. What do I need to bring with me to the first mediation
session?
A. You do not have to bring anything with you, except for your
willingness to participate. However, parties in mediation often find it
helpful to bring financial records or other papers that might help
everyone reach an agreement.
Q. Can mediation be used to resolve ongoing parenting
issues?
A. Mediation can be used to resolve a variety of ongoing parenting
disputes or to assist parents in routine co-parenting decisions.
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| To learn more, please read these FREQUENTLY ASKED QUESTIONS AND ANSWERS |
