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.

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.

Mediation is an alternative method of dispute resolution that is useful when you are separating from a marriage, a civil union, or living with someone. Mediation allows you and your partner to meet face-to-face to discuss arrangements for your future. Mediation is confidential and provides an environment where both parties can feel safe discussing their situation and exploring scenarios for settlement. Mediation is especially helpful if you have children.

A mediator assists couples talk to each other. The more comfortable parents are talking to each other the healthier the situation is for the children. Parents who are comfortable talking to each other make separation easier for children.

A mediator is a neutral third party. Mediators do not give legal advice or decide issues. In my Maryland mediation practice I assist couples put strong emotions on the side and discuss practical solutions for difficult issues, such as children, home, money, and other property.

Couples who are unable to discuss issues with each other may end up spending a lot of money for attorneys to negotiate a settlement for them. If the couple is still unable to resolve their issues with attorneys, the couple will have a stranger, a judge, decide their future. Couples who want to maintain control of their future choose mediation.

Before mediation consider whether there are any terms under which you would consider settling your dispute. While you may be certain your argument is stronger, keep in mind you may obtain new or additional information at mediation which may allow you to see things differently. If, however, there are absolutely no terms under which you would consider settling, consider whether mediation is worth your time. You may prefer to gamble and let a judge decide your destiny.

Prior to mediation you will receive an agreement to sign. The agreement is a list of terms to which you agree when you mediate, including, but not limited to, a confidentiality statement, which states what is said in mediation is not to be repeated to anyone else without the permission of both parties. Additionally, if an agreement is not reached and the matter goes to court, neither party may quote in court what was said in mediation. Furthermore, the mediator cannot be subpoenaed to testify in court.

A neutral third party, my goal is to level, and keep the "playing field" level. When mediating conflicts related to separation and divorce, which are not referred to me by the court, if one party has an attorney and the other does not, I prefer the attorney, in the interest of balance, not attend the mediation. Furthermore, if the matter is domestic, and has been referred by the court, attorneys usually choose not to attend. However, in other civil, non-domestic matters attorneys frequently attend mediation.

It is not necessary to bring a stack of documents to mediation with you. The mediator will not review the documents in order to decide which party wins or loses. However, bringing to the mediation a list of issues you consider relevant to your dispute may be useful to ensure you address each one or include them in a summary of the facts.

If an agreement is reached in mediation, the parties may request the mediator draft a document which memorializes the terms of the agreement. I advise parties to contact an attorney for the purpose of reviewing any Agreement I draft prior to each party signing the Agreement. Keep in mind, should one or both parties violate the Agreement, the mediator is not responsible for enforcing its terms. The parties may, however, petition and seek a remedy from the court.

Mediation is voluntary. There are no up front retainers, and you pay as you go. Fees for mediation vary. In my Maryland mediation practice the fee is based on an hourly rate and is due at the time of mediation. Prior to attending the mediation session, the parties are expected to decide between themselves how the fee will be divided among them. Mediation sessions are usually scheduled for a minimum two hours. You may, however, try an introductory session, which is one to two hours. Should you find mediation is of no benefit to you, you are under no obligation to continue.

Mediation is not psychotherapy. It is not marriage counseling. Mediation during separation and divorce helps couples find and negotiate solutions to issues related to the unraveling of their relationship, for example: Parenting i.e., custody, visitation and support; Property i.e., the division of marital property (real estate, and personal), assets, pensions, and debt; Insurance i.e., health, life, and auto; Taxes i.e., filing, and refunds; and Spousal support i.e., alimony.

In my Maryland mediation practice I initially meet with both parties simultaneously. A neutral and impartial third party, I will not, prior to meeting the couple, speak to either party alone.

Couples who choose to mediate during separation or divorce are often able to reach an agreement after three to four mediation sessions. Each session is two hours in length. Couples are directed to visit and read Mdmediator.com to find answers to their mediation questions prior to scheduling mediation. Additionally, earlier articles published throughout this blog, which are easily accessed in the "Monthly Archives" section on the right margin of the blog are helpful, as well as the January 19, 2009, article, (scroll down the page after clicking on the link), "What Happens During Mediation?"

After reading Mdmediator.com as well as the articles published on this blog, couples who continue to have questions about mediation may schedule an introductory mediation session to meet me and ask questions. Prior to contacting my office, please speak to each other and make a list of three or four dates and times you are both available. With that information in hand, then contact my office and schedule a day or evening mediation session.

People who take charge, challenge authority, and take risks communicate differently than those who "go with the flow," and do not question authority. Differences in communication styles may cause conflict within families. Additionally, how family members work through issues influences their communication styles and problem solving abilities.  

The family unit is the "stage" on which the family "drama" unfolds. Each family member plays a role. How family members listen, or not, is significant with respect to the support family members give one another. Conflict may arise if members do not support one another, for example, if one parent takes a firm approach to parenting, while the other does not, and the parents disagree with one another in front of the children, problems arise and conflict is a frequent visitor. While younger children may find comfort in a firm, unchanging, family structure middle schoolers and teens are prone to act out, demand more flexibility, and expect options.

Discussing rules for bed time, bathing, homework, household chores, going out with friends, and curfews, before they are broken is helpful in establishing expectations. Similarly, explaining privileges and consequences for rules honored and broken is helpful before there is a misunderstanding. Meeting at meal times, or an established "family time" to discuss issues such as these is an effective way to maintain healthy family communication. Whether or not children and adults agree with one another, articulating respect for each others ideas goes a long way toward maintaining healthy family relations.

In my Maryland mediation practice parents benefit from participation in mediation. They gather information and obtain communication skills which help them deal effectively with issues which trigger conflict. Mediation assists parents alter the way they manage family conflict, strengthen their ability to work together, and problem solve. Parent-teen mediation is also effective for helping families communicate as a unit rather than focusing blame on an individual family member. Furthermore, while teens and parents frequently do not agree on issues, mediation assists parents and teens deal with disagreement more peacefully and less stressfully.

Bullying occurs where there is an imbalance of power and strength and one or more students repeatedly and aggressively victimize another. Students who bully may use physical force or engage in other behaviors to gain power over students who are perceived as weaker or vulnerable. Bullies may harass their victims in other ways where adults will not typically notice, for example via email, texts, and instant messages. Online harassment and threats may be reported to police and Internet Service Providers. Bullies have a difficult time recognizing or appreciating others' feelings. Adult intervention is often necessary to stop bullying. However, teachers, school staff, and other adults need to ensure victims are not additionally harmed when an adult steps in to help.

Schools need to be receptive to reports of bullying, ensure that staff respond quickly, and that adequate follow-up is made.Teachers, bus drivers, librarians, cafeteria workers, school nurses, and all non-teaching staff need to address the issue of bullying if it happens on their watch. Additionally, students and parents must be provided information about the rules and consequences related to bullying.

Students who witness bullying should be expected to report what they saw, and educated about bullying and what is expected should they witness it again. Role playing is a useful method of teaching students about bullying, expected responses by witnesses, and how to interact socially in order to reduce the likelihood of future bullying. Additionally, bullies may need help related to aggressive behavior or violence they experience outside of school and/or in their home lives.

Teachers and school administrators can include the subject of bullying prevention in the curriculum. For more information for adults, educators, and students visit the website of the U.S. Department of Health Resources and Services Administration. Additionally, the Maryland State Department of Education offers a Power Point presentation on Bullying Prevention.

Children more readily speak to their peers than to adults. Peer mediators mirror the diversity found among the students with whom they will mediate, for example, culture, gender, and race. Peer mediators learn communication skills which help them help their peers prevent and resolve conflict. Students with more serious conflicts may be helped by peer mediators to keep disputes out of the judicial system.

Peer mediation seeks to empower students, help them listen to one another, put themselves in the shoes of another student involved in the dispute, discuss the dispute, and think critically. Peer mediators help students improve self-esteem. Additionally, peer mediators help students gain communication and conflict management skills which are used both in and outside of school.

How much time do you think a judge will give you and your friend to bicker in the court room? What will you do if the judge tells you to go out in the hall and work it out? When your friendship took on another dimension did you discuss how you would resolve a business dispute? Did you consider if a financial dispute does not kill your friendship that litigation surely will?
Mediation allows friends in dispute to maintain a relationship and in many cases repair it. There are no two people more qualified to debate and resolve the issues of your conflict, than you and your friend. Mediation, unlike litigation is a confidential process. In a court room any one can enter and listen. Mediation is voluntary. Should you and your friend not resolve your dispute in mediation, you have the right to litigate in court, where a stranger (judge) will decide the outcome of your dispute.

In my Maryland mediation practice, mediations are scheduled in a safe, peaceful environment, in two-hour sessions. The fee for mediation is split equally between the parties in dispute. A mediator is a neutral third party, who does not decide which party is right or wrong, or who wins or loses. A mediator assists people in dispute rationally and respectfully discuss the issues in dispute, possible solutions, and negotiate a resolution to the dispute. You and your friend can control your destiny and each walk away with at least some of what you want. If, and when, you litigate a dispute in court, one of you will leave a total loser. Who it is may unfortunately surprise 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)

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.

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.

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.