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.
