The role of mediators in Baltimore is to help parties with differences of opinion resolve disputes. Mediation is an opportunity for two or more parties to meet in a neutral setting to work toward mutually agreeable settlements. If you think you might benefit from mediation services or you would like to learn more about the mediation process , you can contact an attorney for guidance.

When is Mediation Appropriate?

Mediation is appropriate for many types of cases. It is commonly utilized in family law matters. In fact, in most cases a court will require divorcing individuals to participate in mediation. It’s common for mediators to guide discussions pertaining to child custody, child access, and visitation schedules . Mediators can also help parties settle alimony and marital asset division. However, mediation services are not confined to family law. Mediation is often helpful in the corporate world, such as when two business partners have a dispute, employee disputes, and probate/trust disputes.

When is Mediation Best Avoided?

Although mediation can be effective in resolving disputes, there are certain cases in which it might not be appropriate. If one of the parties has a history of domestic violence or abuse, it is not unreasonable to assume that the other party may not wish to engage in discussions. However, sometimes domestic violence cases can be mediated by everyone participating on telephone so that each party feels safe.

Can the Mediator Impose a Mandatory Agreement?

In arbitration, an arbitrator hears both sides of the case and then makes a binding decision, which the parties may not necessarily agree with. Mediation services are different. The mediator does not take sides, nor does he or she issue a decision. It’s the role of the mediator to help both parties explore the issues, consider what may or may not happen in court, develop solutions, and come to an understanding. Mediation doesn’t always result in a settlement. If the parties cannot agree, the issues may be decided in court.

How Can I Prepare for Mediation?

You can consult an attorney for assistance preparing for mediation. You may find it helpful to discuss what the issues are, what are possible outcomes (both good and bad) if your situation went to Court, your legal rights, and what you might expect from the process. By reviewing the issues at hand, you will be able to clearly articulate your position at mediation. Remember that successful mediation sessions involve civil and mutually respectful communication as well as an open mind to resolve the dispute.

You may already know that divorce mediation can resolve matters such as property division. But did you know that divorce mediation near Baltimore may also cover liability division? As your attorney can advise you, a person can be held liable for the debt of his or her former spouse, even if that debt was only listed under the spouse’s name. Before entering mediation, talk to your attorney about indemnity agreements, marital debt, and non-marital debt.

As you’ll learn when you watch this video, an indemnity agreement can protect you from debt liability. This video also recommends taking some other steps prior to entering into mediation and finalizing your divorce, such as closing or freezing all accounts held jointly with your spouse.

You may also wish to consult with an divorce attorney with experience regarding bankruptcy. Some spouses are known to enter into these indemnity agreements and then file bankruptcy.

Alternative dispute resolution isn’t an option for all cases, such as those involving criminal charges. However, for many types of civil disputes, mediation may offer an ideal alternative to going to court. Consider talking to a lawyer about undergoing mediation near Anne Arundel County to resolve matters pertaining to divorce, marital assets, child custody, business disputes, and employment disputes.

When You Need to Preserve a Relationship
Disputes often arise between individuals who need to find a way to set aside their emotional differences and develop mutually agreeable solutions for the sake of preserving a working relationship. For instance, if you and your business partner have differences of opinion regarding the operation of the company, mediation may help both of you resolve these matters in an amicable fashion that allows for continuation of the partnership. If you are planning on dissolving the business, mediation is less costly resolution on how to wind down the company plus preserve the relationship if you ever need a referral or help from your partner in the future. Child custody cases can also benefit from mediation. By necessity, divorcing or separating individuals must continue to have a working relationship when they share children in common. It’s in the children’s best interests to see that their parents are working together cooperatively, both during and well after mediation. Additionally, mediation for child custody matters allows both parents to share their concerns for their kids and to get on the same page regarding childrearing decisions. Mediation can help begin rebuilding the relationship between Mom and Dad so that they can help raise their child into adulthood as well as present positive role model for him or her.

When You Prefer to Retain Control Over the Outcome
Lawyers who are well-versed in the mediation process often recommend this approach to clients who are hesitant to turn over full decision-making powers to a judge. When a matter goes to trial, an attorney can make prediction of what can happen, but he or she cannot guarantee. Also, rarely does a party walk out of court happy as judges like to do what he/she believes is fair.

Mediation returns control back to the parties so that they can reach a settlement they are satisfied with and know they had a hand in reaching. It isn’t practical for an individual to expect that he or she will get everything he or she desires out of mediation, since successful mediation often does require both parties to make compromises.

When the Parties Struggle with Negotiation
Mediation can provide an ideal forum for negotiation, particularly when the involved parties have difficulty beginning their negotiations. A neutral mediator can also help the parties move forward from an impasse in negotiations. A mediator can help focus the parties on the impasse and help the parties recognize their common ground to move on. A mediator can also provide a neutral evaluation of the strength and weaknesses of each side should the matter go to trial as well as possible outcomes by the court. One example of helping parties move pass an impass is in the dissolution of a business. Courts do not want to determine who gets which desk and chair and will likely appoint a trustee to sell all the assets. In mediation, business partners can negotiate the division of company assets including the tangible assets such as computers, desks, and chairs, as well as intangible assets of who gets which clients, contracts, and intellectual property.

Litigation is often thought of as being the primary method of resolving disputes. However, it isn’t always necessary to enter a courtroom to reach a resolution. Mediation near Anne Arundel County is often an effective, non-contentious way of coming to a mutually beneficial agreement. If you would like in-depth information about the mediation process , you should consult a mediator who has experience in this area and appointed by the Circuit Court for Anne Arundel County for domestic mediations.

Mediation Can Resolve Many Types of Disputes
You might already know that some couples choose divorce mediation instead of divorce litigation. Divorce mediation is preferable to some individuals because it is, among other things, confidential and cost-effective. However, mediation is a versatile tool that can resolve a wide range of disputes. You should consider mediation if you are having post-divorce issues related to property or finances, child custody mediation, and business dispute mediation. Mediation can be used to resolve essentially any type of non-criminal dispute. For example, an individual might use mediation to resolve problems with his or her neighbor.

The Parties Retain Control Over the Process
When individuals resort to litigation to resolve disputes, they turn control of the matter over to the judge who has never met the parties before and will not remember the parties if he/she saw them in a local grocery store. It’s not uncommon for one or both parties to be dissatisfied with the judge’s decisions and orders as judges try to reach a solution he/she believes is fair and reasonable. Mediation is often preferable because both parties retain control over the decisions . Although it’s likely that both individuals will need to compromise to some extent, they both have the option to agree—or not—with the proposed solutions. If the parties do not agree, the parties can have a third party resolve the issue.

Mediation Uses an Informal Approach
Another advantage of mediation is its informality compared to the litigation process. Even in civil cases, which don’t involve criminal charges, the courtroom can be an intimidating setting with objections and trying to get the judge to understand your side of the story. Many people find that they are more comfortable with mediation because the setting and the process itself are far more relaxed. The mediator is a third party neutral and can spend more time trying to understand each person’s position, and reflect that position to the other party. A mediator can use a tool called reframing whereby the mediator uses his own words to try and explain each parties position as well as pointing out the common agreements between the parties. The mediator can also use a tool called caucusing whereby he/she talks to each individual separately so that a person can openly speak his/her mind as well as discuss issues that he/she does not want stated to the other person.

Mediation Promotes Harmonious Problem Solving
Resolving matters in court isn’t always a contentious process; however, it often does burn bridges. For individuals who expect to have dealings with each other going forward, mediation offers a way to work toward a more harmonious relationship in the future. This is particularly ideal for individuals who must co-parent a child, for neighbors who must continue living next to each other, and for business partners and colleagues who must continue to work with each other. Mediation is also gives an opportunity for each other to hear the other person without fearing the consequences of what is said being used against him or her. There are many success stories where mediation allowed parties to rebuild a bridge between them.

Divorce is always a difficult process, but for some couples, mediation can make it easier. During divorce mediation, a neutral third party can help you and your spouse negotiate an amicable end to your marriage with equitable decisions about property, finances, and child custody. Throughout the mediation process, the mediator will not provide legal advice to either party, but can answer questions about how the courts work and how to reach an ideal settlement. By choosing mediation, many couples are able to avoid some of the acrimony that can occur at the end of a marriage and maintain a healthy relationship for themselves and their children. Find out more about divorce mediation in this infographic from Mummert Law . Our experienced attorney can assist with the mediation process near Baltimore and ensure you and your spouse arrive at mutual agreements. Please help others dealing with divorce and custody issues understand this alternative to the courtroom by sharing this information.