During a divorce, it might seem like you and your ex will never be able to agree on anything again. While it can be difficult for you to have a conversation with your former spouse on your own, many people find that the presence of a neutral third party facilitates reasonable discussions.
Most people seeking a separation will be required to attend mediation with their former spouse at least once. If you are divorcing or separating from your spouse, a Maryland mediation lawyer can help you negotiate your position effectively. Enlist the help of a dedicated divorce attorney for legal advice on what to expect from this type of litigation.
As a divorce mediator in Maryland, I’m here to guide you through the mediation process and help you understand how it can benefit you during this challenging time. Let’s explore the key aspects of divorce mediation and how it can help you achieve a fair and amicable resolution.
Understanding Divorce Mediation in Maryland
Judges in a divorce or family law case frequently order the parties to attend mediation, which is a discussion process where both parties attempt to work out a resolution to their issues with the help of a trained and neutral third party. The mediator may be a Maryland individual’s attorney or could be a retired judge or other professional trained in mediation techniques.
The mediator cannot give advice or recommendations to either party. They do not act on either party’s behalf, and they cannot try and sway either person in a specific direction. The mediator’s role is to ease discussions and help both parties come to a mutual decision.
The third party may draft and finalize the parties’ agreement. Neither party should sign an agreement without the advice and counsel of his or her own local attorney, as this could have devastating effects on their future. Any agreement signed by both parties is legally binding once the parties sign it and will be submitted to the court for approval. If the parties cannot reach an agreement during these meetings, they can either litigate their issues in court or schedule a subsequent mediation and continue working toward their goals. The parties should hire their own legal counsel to assist them in finalizing the agreement.
How Mediation Works in Maryland
Divorce mediation is a collaborative process that allows couples to resolve their disputes outside of court with the help of a neutral third party – the mediator. This approach can be particularly effective for addressing a wide range of issues that arise during divorce proceedings. Mediation can resolve most issues in a divorce or family law case. The parties can decide how they will distribute their marital property, their child custody and visitation arrangements, and the amount of money that each person will owe for alimony or child support.
Discussions between two people with a contentious romantic history can get off track quickly. A mediator will help the parties stay on task rather than be distracted by bickering or by opening up old emotional wounds. Mediation provides an opportunity for the parties to work out their differences on neutral ground in a way that works best for them.
Because the mediator cannot prevent either party from making a bad decision in Maryland, the parties’ lawyers will help protect their interests. Parties do not have to come to an agreement, and they will not be forced to agree to a resolution that they do not want.
Issues Addressed in Mediation
Mediation can help resolve various aspects of your divorce, including:
- Property distribution
- Child custody and visitation schedules
- Child support
- Alimony or spousal support
- Retirement accounts and pensions
- Debt division
- Tax considerations
- Insurance matters
Benefits of Choosing Mediation
- Cost-effective: Mediation is typically less expensive than litigation.
- Time-efficient: The process is usually faster than going to court.
- Confidential: Unlike court proceedings, mediation discussions remain private.
- Flexible: You have more control over the outcome and can create customized solutions
Preserves relationships: The collaborative nature of mediation can help maintain better post-divorce relationships, especially important when children are involved
Choosing Mediation Over Litigation
When deciding between mediation and litigation, consider the following factors:
- Communication abilities: If you and your spouse can communicate respectfully, mediation may be a good option.
- Complexity of issues: While mediation can handle complex cases, some highly contentious or legally intricate matters might require litigation.
- Desire for control: Mediation allows you more control over the outcome compared to a court-imposed decision.
Cost and time considerations: If you want to minimize expenses and resolve issues quickly, mediation is often the better choice.
Filing for a Mediator in Maryland
Though many divorcing couples are skeptical that mediation could work for them, those who do are generally more satisfied with the outcome of their divorce than people who do not. When parties cannot agree to the terms of their divorce through mediation, a judge will make the final decisions on behalf of the parties.
Often, judges do not split up property or arrange custody decisions as the parties would themselves. Many divorcing couples would prefer to work out the majority of their issues without having their choices made for them by the judge.
Mediation is also more private than litigation. Family law issues that are decided in open court are public knowledge. People who want to keep their family life and finances private usually opt to settle their divorce in mediation.
How a Maryland Mediation Attorney Can Help
Mediation can help you resolve your family law case quickly and efficiently with fewer costs than traditional litigation. If you want to maintain control over the outcome of your divorce and decide for yourself about issues like child custody or alimony, contact a Maryland mediation lawyer and find out more about your options. Make sure you have legal counsel to protect your rights. For help with facilitating an amicable dissolution, reach out today.
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