Maryland Mediation Blog

Do you have a home improvement project and a friend who will complete it for less? Do you have a friend who is a photographer, and while he or she does not usually do weddings, has agreed to photograph yours? Are you opening a business? Do you need the skills of your friend to run the business? Is your secretary on indefinite leave? Or, has she quit? Have you in desperation accepted the offer of a friend to work for you?

How did you communicate your expectations to your friend? How much money does your friend expect to receive? Are you sure you agreed to pay, what your friend expects to receive? Did your friend say how long the job would take to complete? What will you do if the job takes significantly longer to complete, or is not completed to your satisfaction or specifications? Did you communicate to your friend the job is temporary or on a trial basis? Did the two of you agree on all the terms? Are you sure?

Friends help friends for free. When friends work for friends, they become employers, employees, or clients. People who work for clients use contracts, which spell out the terms of service and protect both parties in case of dispute.

If you are afraid to insult a friend by insisting on a written agreement, what do you think will happen when there is no agreement and you have a dispute? If your friendship cannot survive the writing of an agreement, will it survive a disagreement?

If you have a dispute with a friend with whom you are doing business, how will you resolve it? Will you go to court? If you do not have a written agreement or contract, what evidence do you have of an agreement? Do you think your friend will agree with what you say when you explain your verbal agreement to the judge? For what relief will you ask the judge? What makes you think you will get it?

(Continued in Part II: Mediation & Business Disputes with Friends)

Construction is costly enough without minor conflicts and disagreements bursting into full blown disputes. Disputes between engineers, architects, contractors, subcontractors, suppliers, and/or owners increase the use of all parties' precious resources that is, time and money.

In my Maryland mediation practice, there are many fact patterns which are heard again and again in construction mediation, such as: the simple act of an owner visiting a construction site causing workers to think they are being second guessed rather than understanding the homeowner is excited about the completion of his/her project and wants to watch the progress; or home owners hiring subcontractors, whose prices appear more than competitive, which fails to camouflage underlying problems, such as the subcontractor's inability to accurately bid the cost of materials and labor, or shoddy performance issues; or architectural firms hiring subcontractors to provide services for agreed upon prices, then halfway through the job subcontractors running into unforeseen difficulties and refusing to continue without more money.

Mediation is a process which assists parties resolve disputes without litigation. In construction mediation, the mediator, a neutral, third party, assists the parties with such issues as contract claims and construction disputes. The aim of construction mediation is to assist the parties to resolve their disputes in as timely and cost effective a manner as possible, while maintaining the business relationship to the extent necessary to continue the project.

Construction mediation helps parties resolve construction disputes before the cost of the dispute exhausts the parties' resources and destroys the business relationship. A construction mediator facilitates communication between what are often "very strong personalities," who are not interested in compromising or "splitting the difference," and guides the parties' heated debate on a journey from the unrealistic to the rational, ideally arriving at a negotiated resolution.

People have historically looked to the judicial system to resolve disputes. There are, however, alternatives, which may be better for your situation. One alternative is mediation, which allows people to resolve disputes before going to court, or instead of going to trial. Mediation seeks to provide a win-win situation. If, however, the parties are unable to resolve their dispute, they may still go to court and obtain a decision from a judge.  

Each of the 24 circuit courts in the State of Maryland has a family mediation program where contested custody and visitation cases are referred. Circuit court mediation programs provide a trained, neutral, third party to assist parties resolve their disputes. A mediator may or may not be an attorney. Attorney-mediators do not represent either party in a mediated dispute and do not provide legal advice.  

For cases which are referred by the court to mediation, the court sets the fee a mediator can charge. Currently, the fee in the State of Maryland is $200 per hour. Court ordered mediation sessions are usually scheduled for two hours. The fee is split equally between the parties. While the courts often assign a mediator to a case from the court's list of qualified mediators, parties and/or their attorneys may agree to choose their own mediator. In cases where the court does not assign a mediator, either party may request mediation through the court or hire an outside mediator.

Some of the counties have mediation programs for other issues related to divorce, such as marital property, alimony, and pension distribution. Some counties have mediation programs for civil, non-domestic cases, such as real property, environmental, employment, workers' compensation, contract and personal injury. There are also mediation programs within Orphans Courts, where disputes involving a deceased's property, such as, who gets the family photos, or the family home, are mediated.

Mediation provides the parties flexibility to resolve their dispute on their terms and often with more creativity than a judicial decision would provide. Mediation is confidential and voluntary. Unlike litigation, mediation is a non-adversarial process and therefore allows relationships to be maintained and sometimes even repaired, which is particularly useful where the parties in dispute are family members or people who need to continue to work together.

When you have enough of the neighbor's dog urinating in your yard, or cannot collect for services rendered, or obtain property loaned, you may file a claim in District Court, or you may resolve your dispute without litigation.The District Courts in the State of Maryland have an Alternative Dispute Resolution (ADR) program. ADR is the process of resolving a dispute without litigation. Mediation, a form of ADR, is a confidential, voluntary process in which people who have a dispute or claim against one another work with one or more neutral third parties called mediators. Remember, when you choose litigation, your claim will be heard in an open courtroom. Anyone can listen. In mediation, only the parties to the dispute and the mediator are present.

If you have a claim in one of the District Courts in the State of Maryland, you can work with a mediator free of charge. A mediator assists the parties resolve the claim, but does not provide legal advice.

To find out whether there will be a mediator available when your case is scheduled, click on the following link to see the District Court's calendar for day of trial mediation, or contact 410-260-1676. 

Parties who make settlements in mediation are more likely to comply with the terms of the settlement, compared with compliance rates in court ordered settlements.

Furthermore, if the parties are unable to resolve the claim in mediation, they still have the opportunity to have their dispute heard by a judge who will decide the outcome of the claim.

Additionally, if you have a dispute and have not filed a claim in District Court, you can obtain mediation services free and/or on a sliding scale at a community mediation center.

For more information about Community Mediation Maryland centers, visit their website or contact 410-553-0206.

Parents with minor child who separate and/or divorce, must resolve the issues of child custody and visitation. Parents acting in the best interest of their children may seek guidance related to co-parenting and how to make the transition in the family as smooth as possible. Despite the status of the parents' relationship, and the stress they are under, parents remain responsible for the care and development of their children.

Whether or not they were ever married, parents need to work together to create a mutually agreeable plan for co-parenting their children. In the State of Maryland circuit courts may order parents in contested family cases to attend mandatory parenting classes. Even if the case is not contested, the court encourages all parents who are separating to attend a co-parenting program. Most Maryland counties have co-parenting classes available. To locate a program in your county, contact the Family Support Services Coordinator at the circuit court in your county.

Co-parenting programs provide parents assistance with keeping their children healthy and safe. Course topics include the following: explaining divorce to children; the effects of divorce on children and parents; coping strategies for parents; strategies for helping children cope with change; discipline; avoiding inappropriate interactions with children; communication skills between parents, and between parents and children; problem solving; decision making; and conflict resolution. Programs also offer resources for child abuse, neglect, and domestic violence.

In my Maryland mediation practice, I assist parents develop co-parenting plans with provisions for child custody and visitation. Additionally, I assist parents discuss issues which are in dispute, and/or the modification of an existing parenting plan. A Maryland mediator, I help parents, including those with "strong personalities," communicate and make decisions which are in the best interest of their children. Skills acquired during mediation assist parents to recognize patterns of communication which spark conflict and make negotiating more difficult. Mediation helps parents learn communication skills which help them manage conflict.

For more information about mediation programs in your county, visit the Maryland Judiciary Department of Family Administration website.