Maryland Mediation FAQ's

1. What is mediation?

Mediation is a process of resolving disputed issues without going to court. Mediation is one form of alternative dispute resolution (ADR).

2. How does mediation work?

Rather than going to court, the parties agree to go to a mediator who is trained to work with the parties to help them reach an agreement on the disputed issues.

3. How long does mediation take?

Depending upon the number of disputed issues and the willingness of the parties to compromise their differences, mediation can be as short as one or two sessions or may take a number of sessions lasting a month or more. An experienced mediator can usually tell after one or two sessions whether there is a reasonable likelihood of resolving all or some of the issues.

4. Are lawyers involved in the mediation process?

As a general rule, the parties meet with the mediator without the lawyers being present.

5. If I agree to mediation, am I bound by what the mediator decides?

No. Mediation is not the same as binding arbitration. Arbitration is a form of alternative dispute resolution where the parties agree to be bound by the arbitrator's final decision. Mediation is a process of working toward a common understanding and ag reement. Usually, if the parties agree to mediation, there is a stipulation that anything said or used in the mediation process cannot be used in court if the mediation process fails to produce an agreement.

6. What is the final outcome of mediation?

The final outcome of mediation is a written agreement. The mediator will produce an outline of the agreement which the parties have reached through mediation. This agreement will be given to each of the parties' lawyers. The lawyers then prepare a comp rehensive written agreement which covers the issues agreed upon through mediation and other details. Lawyers also advise their clients prior to entering into the mediation process about their rights in the divorce and give them a general idea of what a fair and reasonable compromise would be.

7. Can a court order me to participate in mediation?

The Maryland courts enacted a rule of procedure (Maryland Rule S-73A) which allows a trial court to order mediation in cases involving a dispute about custody or visitation with a minor child. This includes cases involving a modification of an existing order or a petition for contempt by reason of non-compliance with an order regarding custody or visitation.

8. Are all custody and visitation cases referred to mediation?

No. Before the court can order mediation, it must determine:

1. that both parties are represented by counsel;

2. that mediation is appropriate and would likely be beneficial to the parties or the child; and

3. that a properly qualified mediator is available.

9. Can the court order mediation of other disputes?

No. The rule limits court-ordered mediation to disputed issues of custody and visitation.

10. Where can I find a qualified mediator?

The circuit court for each county is required to maintain a list of court approved mediators for custody and visitation matters.