Maryland Mediation Blog

My private mediation practice is based in the State of Maryland.

I often receive calls from people who visit my mediation website, www.mdmediator.com and/or view one of the mediation pages of my legal website, www.levianlegal.com and ask, "how do I become a mediator?"

Currently, to be a mediator in private practice here in the State of Maryland does not require any certification.

However, if as a mediator you want to be referred cases from the circuit court, you must meet the requirements prescribed by the State of Maryland. You must be over the age of 21, or convince the court to waive the age requirement, and have a Bachelor's Degree, or convince the court that your mediation experience, work history, and/or community activities make you "uniquely qualified to handle particular types of circuit court cases."

In addition you must have completed a 40-hour mediation training program that is in compliance with the "requirements of Maryland Rule 17-106(a), including training in (1) conflict resolution and mediation theory, (2) mediation skills and techniques, (3) mediator conduct, (4) rules, statutes and practice governing circuit court mediation, and (5) simulations and role-playing."

If as a mediator you want to receive child custody and visitation cases for mediation from the circuit court, you must meet the general requirements above, and in addition to the 40-hour mediation training program required by Maryland Rule 17-106(a), have completed a 20-hour family mediation training program that meets the requirements of Maryland Rule 17-106(b), "including training in (1) Maryland law relating to separation, divorce, annulment, child custody and visitation, child and spousal support, (2) the emotional aspects of separation and divorce on adults and children, (3) screening for and addressing domestic violence, (4) family systems and child development theory, and (5) the inter-relationship of custody and child support."

Furthermore, in addition to the 20-hour family mediation training program you must have observed two or more custody or visitation mediation sessions conducted by a person approved by the county administrative judge, or have conducted two or more custody or visitation mediation sessions for cases in Maryland circuit courts.

The following is a summary of what happens during mediation in my practice here in Maryland.

INTRODUCTIONS

In the beginning, there will be introductions.

HOUSEKEEPING

The mediator will review the mediation process and make sure all people (also known as "parties") necessary to the decision is present. Additionally, reviewed is the mediator's fee, that it is due at the conclusion of the session, and the parties, unless they otherwise agree, will split the fee.

GROUND RULES

The mediator will review the ground rules and ask the parties to sign a form called "Agreement To Mediate." 

FACT FINDING

The mediator will ask each party to explain the reason s/he has come to mediation and what each party wants to achieve at mediation.

SUMMARIZATION and CLARIFICATION

The mediator will summarize what is said by the parties, and what is understood from the statement of each party. The mediator will ask for clarification of anything said that is not clear.

ISSUE IDENTIFICATION

After listening to each party the mediator will review and/or identify with the parties the issues which are relevant to the dispute.

OPTION GENERATION/BRAINSTORMING

The mediator will assist the parties with brainstorming and help develop a list of options or alternatives. This is a time for each party to be creative. Even though the other party may not agree, a list of possibilities for negotiation will be created.

NEGOTIATION

The mediator will help the parties to consider the possibilities and/or problems associated with each option.

AGREEMENT

When an agreement is reached, the mediator will assist the parties craft language which accurately states the terms of the Agreement. The mediator will assist the parties to ensure the Agreement is practical and workable and the parties will be able to live with the agreed terms.

CLOSING

The mediator will make closing remarks and ask each party to do the same.

In my mediation practice here in the State of Maryland, I assist people (also referred to as "parties") who are having a dispute . People often choose mediation in order to arrive at a fair, practical, and final agreement in the most affordable way possible.

Mediation is voluntary. Should you try mediation and not like it, you may still litigate and go to court. Mediation is fair, confidential, and allows the parties to maintain their dignity. Parties in dispute may be, or have been, in a relationship, such as friends, domestic partners, spouses, ex-spouses, business associates, neighbors, employers, employees, or members of an organization, to name a few. The mediation process assists parties to resolve disputes as well as maintain or repair relationships.

Mediation is less expensive than litigation. The parties usually split the hourly fee of the mediator. In the alternative, if the parties choose to hire attorneys and sue each other, the parties each pay attorney fees.

In addition to hourly attorney fees, parties who litigate pay a retainer to an attorney. The retainer is a deposit, or down payment, for services to be rendered by the attorney. There are additional costs associated with litigation, including, but not limited to, court costs, and service of process. Mediation does not require the payment of retainers, and the costs associated with litigation.

Mediation allows the parties to resolve a dispute more quickly than litigation. The parties rather than a judge decide the terms of agreement that work for them.

Left to the stranger in a black robe, there will be a winner and a loser when the parties pursue litigation. Unlike a judge, a mediator does not decide which party wins or loses. Mediation allows the parties to control the outcome of their dispute and find a win - win solution.

A mediation session can be scheduled promptly, whereas parties may wait months to get into a court of law.

While waiting months to get into court, existing relationships between parties may be strained to the breaking point. Mediation provides the parties with the tools to maintain existing relationships.

Mediation also provides the parties the opportunity to have the terms of their settlement drafted into an Agreement by the mediator. Once signed by the parties, a mediated Agreement is binding.

A mediator is an impartial or neutral person, who is a go-between, or link between two or more people. The other people may be referred to as "parties." A mediator does not give legal advice even if the mediator is an attorney.

The parties participate in mediation because they have a disagreement, or conflict they have been unable to resolve. The parties choose to use a mediator to assist with the negotiation process. In many cases here in the State of Maryland, the Circuit Court orders parties to attend mediation prior to appearing in front of a judge.

A mediator identifies and reveals to the parties any potential conflicts prior to beginning a mediation. Additionally a mediator explains the mediation process, and the fact mediation is, within the framework of the law, confidential.

A mediator assists the parties to identify and prioritize the issues relevant to the dispute, remain on track, and discuss the issues identified. A mediator assists the parties with brain - storming, creative problem solving, and identifying options for settlement.

A mediator recognizes the parties' emotions may be an obstacle to negotiation, assists the parties to express and manage emotion during mediation, and to move forward with negotiation. A mediator has good speaking and listening skills, is aware of, and interprets the non-verbal language "spoken" during mediation.

Mediators have different professional backgrounds, personal styles, and training. Parties may evaluate these variables in light of the particular dispute to be mediated.

A mediator's knowledge and experience of the practice of conflict resolution, negotiation, and mediation, are significant to parties who are choosing a mediator.

Where relevant, a mediator suggests to parties the need for outside advisers, e.g., accountants. With the consent of each party attorneys, accountants, and/or other advisers may join the parties in the mediation. The presence of outside advisers does not alter the confidentiality of the mediation.

Mediation is a process, or method of problem solving. It is an alternative to litigation or government involvement in a dispute or conflict.

Mediation does not look like a prime time adversarial court room drama. Click on the following link for photos of how mediation looks, www.mdmediator.com in my Maryland practice.

The mediation process empowers people (also known as "parties"), in dispute to sit in the same room with one another, along with a neutral third party (known as a mediator), and identify, and discuss the issues relevant to the dispute. The mediator will not choose the winning or losing argument. The mediator will not order the parties to include certain terms in the settlement agreement.

During mediation, the mediator assists with the communication process and helps each party to be heard respectfully. The parties take turns speaking and have the opportunity to speak in a non-hurried environment.  

Emotions may get in the way of parties negotiating. The mediator helps the parties express and manage emotion during mediation, and move forward with negotiation.

How long mediation lasts depends on the parties, and the mediator. Scheduling a session for two or three hours is common for personal or family disputes. Business disputes may be scheduled for half or whole day sessions. In both scenarios additional time is made available.

At the request of the parties, the mediator drafts the parties' Agreement, which when signed by the parties is binding.

Mediation provides the tools for the parties to arrive at an agreement which is fair and practical. The likelihood the parties will be satisfied and honor the terms of the agreement are greater when the parties create their own settlement rather than submitting to one dictated by the stranger in a black robe in a court of law.