DivorceNet

The Law and Dispute Resolution Office of Robert L. Baum Email Us 401 No. Washington Street, Suite 500 Rockville, Maryland 20850 Phone: 301-610-0610 Fax: 301-309-9436

"Together we can resolve any dispute through mediation, arbitration, or litigation."

With over 24 years of legal and alternative dispute resolution practice (mediation, arbitration, collaborative law, facilitation), Mr. Baum has the breadth and depth of experience which makes him an effective Alternative Dispute Resolution (ADR) neutral or fierce advocate for your dispute. Unlike many ADR practitioners, Mr. Baum has practiced in several areas of the law, so that he can bring his varied experiences to the table. As detailed in his biography, he has both a family and business law background. He brings a business perspective to family law issues and the family perspective to business disputes.

Mr. Baum makes every effort to be available when needed; he accepts weekend, after hours and emergency appointments.

The most common form of Alternative Dispute Resolution (ADR) is mediation.

Mediation is a form of guided dialogue between the parties, with the mediator keeping the discussion civil and focused, guided by the "Rules of Mediation." Usually the parties are together around a table, but if necessary I caucus with each individually, from separate rooms, different sessions, by e-mail or telephone. Each situation is different.

Most importantly, the mediator is not the decision-maker...the parties are.

Mediation has several advantages over litigation or other forms of ADR, including:

• It is usually less expensive than litigation
• You determine the outcome, not a third party
• You control the timing of the resolution; the agreement is not effective until you agree to it, but you do not have to wait for a judge for it to be in effect
• You can terminate the mediation at any time
• Through mediation the parties can improve their understanding of the other side, and therefore improve their abilty to communicate with each other.
• Mediation can help save a relationship, particularly in a business dispute, or salvage the ability to communicate with your soon-to-be-ex-spouse, whereas litigation creates so much bitterness that it makes future relationships much more difficult
• The mediation process focuses on the future, not on blaming the other party for his/her past conduct
• Mediation is private and can help you retain your dignity and self-respect; if started early enough, it keeps you from being dragged through the mud and having someone else (a judge) tell you what to do
• The other side is more likely to comply with an agreement he or she has helped create, thereby reducing the stress and expense of post-judgment litigation
• You can craft much more creative solutions than a court can; for example, in divorce proceedings a court can only order marital personal property to be sold at auction, you can divide it in the agreement; in business disputes you can take tax consequences into consideration and fashion the agreement accordingly; the court will not do that

The mediator's primary consideration is getting the parties to identify his or her interest, and to move them away from arguing about his/her position. For example, each party's position may be that he/she wants the orange, but in reality, one's interest may be in the juice for drinking, and the other in the rind for cooking. Once these interests are identified, the parties can each have what they need, and resolve the dispute!

Collaborative Law

This is a new way to practice dispute resolution with the use of lawyers but without litigating in courts. It is a process designed for negotiation, not litigation.

In the Collaborative Law process, the parties usually meet with the lawyers in conferences, with the expectation that there will be cooperation, openness and honesty. Click here for more information regarding the collaborative process.

Please email us or visit our website for additional information.