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.
