How Mediation Can Reduce Conflict During Divorce In Maryland

In recent times, mediation has become popular in divorce cases in Maryland. With the experience I have acquired working as a divorce lawyer in Maryland, mediation is an excellent approach that can reduce conflict and assist in obtaining a less adversarial divorce. The following are the reasons why mediation could be constructive for you if you are facing divorce actions in Maryland.

What is Mediation in Maryland Divorce?

Mediation is a process where the divorcing spouses, with the help of a neutral third party, negotiate agreements on different aspects of divorce: property, child custody, alimony, and other legal matters. The goal in this context is to assist the divorcing spouses in nurturing a cooperative negotiation wherein they can put forth their needs and interests in a supportive environment. Maryland law encourages mediation in divorce cases as an effective tool in helping get rid of the backlog of court cases and working out mutually acceptable agreements between parties in divorce cases. MD Code, Family Law, § 7-103.

The Benefits Of Mediation In Maryland Divorces

The process of mediation is less adversarial compared to regular divorce litigation. Through mediation, there is likely to be less emotional stress because of increased open communication.

The use of mediation by both parties gives more control over the outcome of their divorce. Unlike at trial where there is one judge to decide the outcome in an individual case, mediation might enable the spouses to come to a mutual decision that best fits their situation.

Generally, mediation is less costly than going to trial. It usually takes less time than litigation; hence, less attorney time and fewer court costs are usually used.

Unlike the court proceedings, which are public, the mediation sessions are private and confidential. Thus, it would be easier for spouses to have open discussions without fear of public exposure.

Divorce mediation is faster compared with the lengthier court processes in traditional divorce litigation. This can help both parties get on with the next phase of their lives more quickly and start rebuilding.

Legal Framework For Mediation In Maryland

In Maryland, courts have the authority to order divorcing couples to participate in mediation, but they cannot force them to reach a settlement. If an agreement is not reached during court-ordered mediation, the couple may still proceed with their divorce case in court. Mediation is typically mandatory in disputes over child visitation and contested custody, except when there are allegations of domestic violence. According to Maryland Rule §9-205, contested child access cases must go through mediation unless there is a “genuine issue of abuse.” The mediation programs and procedures may differ depending on the jurisdiction within Maryland.

Mediation Frequently Asked Questions (FAQs)

What Can Be Mediated In A Maryland Divorce?

Almost anything that needs to be decided in a divorce can be mediated, including issues of child custody, child support, spousal support, and division of property and debts.

How Long Does Mediation Usually Take?

The length of mediation varies depending on the difficulty of the issues and the parties’ willingness to compromise. Some mediations result in an agreement in a single session, but others take several sessions.

Can Agreements Reached In Mediation Be Changed Later?

Yes, agreements reached in mediation can be changed after a divorce if both parties consent to the changes or if there is a significant change in circumstances that justifies a modification.

Common examples include:

• Child Support: If one parent experiences a substantial change in income, such as job loss, a significant salary increase, or a disability, the existing child support agreement can be revisited.
• Relocation: If one parent needs to move a considerable distance away, especially out of state, this change might impact custody or visitation arrangements, requiring an adjustment to the original agreement.
• Change in Child’s Needs: If a child’s medical, educational, or extracurricular needs change substantially, the custody or support terms may need to be modified to address these new requirements.
• Custody Modifications: Changes in a parent’s ability to care for the child, such as new work hours, illness, or other life changes, can lead to adjustments in custody agreements.

In each of these cases, the court will require evidence showing that the change in circumstances is significant enough to warrant a modification of the original mediation agreement.

What Qualifications Should A Mediator Possess?

The mediators of divorce cases in Maryland have usually undergone some sort of conflict resolution and family law training, and most of them are experienced lawyers or retired judges who have years of experience in the Maryland family court system.

How Does Mediation Affect The Timeline Of Divorce?

Mediation can considerably expedite the divorce process as opposed to the traditional litigation approach, where since mediation addresses the issues outside the courts, it reduces the time needed in waiting for court dates and in conducting actual court hearings to hopefully conclude the divorce.

What If Only One Party Wants To Try Mediation?

Mediation has a perfect outcome when the parties consent to participate. If one party is not prepared, the other party can encourage mediation by explaining the accrued benefits, like cost, which will be lower, and the matter will end amicably. Sometimes, realizing that the mediation process is voluntary and non-binding makes it more attractive.

How Does Child Custody Work In Mediation?

During mediation, child custody discussions are conducted in an effort to develop a parenting plan that serves the best interests of the child. Mediators guide the parents to pay attention to various factors, including, but not limited to, the child’s routine and educational and emotional needs, and to arrive at a mutual agreement on custody that is sustainable.

Are Agreements Reached Through Mediation Legally Binding?

When both parties agree to all terms within mediation, and those terms are memorialized in an agreement form, that agreement must be filed with a court for approval. If approved by the court, an agreement is legally binding and may be enforced.

How Do I Prepare For Mediation?

Preparing for mediation would include

• gathering all financial documents,
• reflecting on what your goals for your post-divorce life might look and feel like, and
• considering the needs of any children.

It’s useful to mentally prepare for negotiation. Also, keep an open mind and consider potential compromises.

What Kind Of Emotional Support Does Mediation Provide?

Mediation does require emotional support, in that the process, though less adversarial than court litigation, is nevertheless emotionally demanding. The parties may find it helpful to work with counselors or therapists to manage the emotional aspects of divorce as they work through the legal and practical details in mediation.

How Confidential Is The Mediation Process?

Mediation is confidential. Unlike court proceedings, which are public, anything discussed in mediation remains confidential. This is to help ensure the parties communicate openly and freely without fear of public embarrassment or possible future legal ramifications.

Contact Our Maryland Divorce Attorney For Your Free Consultation

If you are considering divorce and you believe a less adversarial process may be the right fit for you, mediation may be an alternative option for you. At Shah & Kishore, we professionally guide our clients through the mediation process so that they may go through a divorce with dignity and respect for all parties. Contact our Maryland divorce attorney at Shah & Kishore by calling (301) 315-0001 to receive your free consultation. We represent clients throughout Rockville and Montgomery County, Maryland.