Maryland Mediation Blog

Mediation is a confidential process where a neutral third party, the mediator, helps parties resolve conflict. All parties to the mediation sign a mediation agreement which includes a confidentiality statement where the participants agree what is said during mediation will not be told to anyone else. Mediation helps employers and employees resolve disputes and negotiate agreements. Mediation is voluntary. Mediation helps reduce workplace disputes, maintains, and sometimes even repairs relationships. Mediation allows the parties to gain a better understanding of workplace issues. Whereas, litigation usually drives the final nail in the coffin of a relationship.

The mediator is neutral, does not judge which party's argument or point of view is stronger, or who is guilty or innocent. The mediator helps the parties discuss any misunderstandings, issues in conflict, areas of agreement, underlying concerns, and assists the parties to negotiate a resolution.The mediator is not a decision maker nor does the mediator have authority to enforce the terms of the parties' negotiated agreement.

All parties necessary to settle the dispute should be present at the mediation. It is not, however, necessary for the parties to have attorneys present at the mediation. The parties have an equal opportunity to speak and decide the terms of settlement. However, in my Maryland mediation practice, I suggest all parties, prior to signing, have the final draft of their negotiated agreement reviewed by independent counsel.

Mediation, especially when pursued soon after a conflict arises saves time and the cost of prolonged litigation. Employment mediation allows the parties to settle the conflict in one session. Additionally, mediation gives the parties the certainty of creating their own negotiated agreement as opposed to an Order issued by a judge. Generally, parties that mediate are more satisfied with the outcome than those who leave their fate to a judge's decision.

Couples who choose to mediate and who agree on terms for settlement of issues, such as child custody, visitation, division of marital property, including home, money, pensions, and other property, should obtain legal advice before signing a final agreement. As part of my Maryland mediation practice I suggest that each party hire his/her own attorney to review the agreement. However, the process of getting to an agreement can be yours free of attorneys.

Mediation is a cost effective, and confidential process which is very helpful for couples trying to get to "yes," that is, trying to resolve issues necessary in order to move forward with their lives. Couples may schedule an introductory session to meet the mediator together, or separately, and decide whether or not mediation is right for them. If a couple decides to proceed with mediation, they will usually need between one and four sessions, each about two hours, to work out the terms of an agreement.

A mediator is a neutral third party who assists couples discuss the list of issues on which they cannot agree; explore various possibilities for resolving each issue; consider which possibilities are most likely to work for them; and to reach a final agreement.

After the couple finishes their mediation sessions, the mediator can draft a document which memorializes the terms of the agreement. The document details with specificity the arrangements the couple chose. Once the couple signs the document they have a binding contract. If one or the other violates the terms of the agreement the party who was violated may bring it to the attention of the other and request the violation be cured. If that is unsuccessful, the parties can return to mediation. A mediator can assist the parties to resolve the violation, however, the mediator does not have the power to enforce the terms of the agreement. If the couple are not able to resolve the matter of the violation of the agreement through mediation, the party who was "damaged" may choose to seek a remedy from the court.