Maryland Mediation Blog

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.

Your responses to the postings on this blog are tremendous. Thank you to all the readers who have shared their thoughts and opinions with me. Your emails are appreciated. However, the Viagra and Cialis spammers, we could do without.

Fortunately, our internet presence, i.e., the blog, MarylandMediationBlog.com, and the website, MdMediator.com, continue to attract people who choose to explore the benefits of mediation prior to, during, or instead of, litigation.

Many of the participants in my Maryland mediation practice choose mediation when a marriage is on the rocks. Mediation is a sensible and dignified alternative for parties who are unraveling the business that is their marriage. Almost equally divided these days are the couples I see with and without children. The couples without children seek to settle property disputes, such as the division of real estate and other valuable assets. Couples with children are usually focused on the issues of child custody, visitation, child support, and spousal (alimony) awards. With children or without, mediation helps couples preserve assets rather than exhaust college or retirement funds during protracted litigation.

Sprinkled throughout the mix of mediation participants are those who have disputes related to collection of business debts, dissolution of small businesses, breach of contract, conflicts with neighbors, and employer - employee issues.

Participants in mediation are usually at different places emotionally at different times. Emotions may present a significant road block to negotiation, which is necessary for dispute resolution. Mediation, though arduous at times is especially rewarding when you are able to push forward past the emotion and move toward resolution. I look forward to your continued comments and assisting with the challenges that your disputes present.

My private mediation practice is based in the State of Maryland.

I often receive calls from people who visit my mediation website, www.mdmediator.com and/or view one of the mediation pages of my legal website, www.levianlegal.com and ask, "how do I become a mediator?"

Currently, to be a mediator in private practice here in the State of Maryland does not require any certification.

However, if as a mediator you want to be referred cases from the circuit court, you must meet the requirements prescribed by the State of Maryland. You must be over the age of 21, or convince the court to waive the age requirement, and have a Bachelor's Degree, or convince the court that your mediation experience, work history, and/or community activities make you "uniquely qualified to handle particular types of circuit court cases."

In addition you must have completed a 40-hour mediation training program that is in compliance with the "requirements of Maryland Rule 17-106(a), including training in (1) conflict resolution and mediation theory, (2) mediation skills and techniques, (3) mediator conduct, (4) rules, statutes and practice governing circuit court mediation, and (5) simulations and role-playing."

If as a mediator you want to receive child custody and visitation cases for mediation from the circuit court, you must meet the general requirements above, and in addition to the 40-hour mediation training program required by Maryland Rule 17-106(a), have completed a 20-hour family mediation training program that meets the requirements of Maryland Rule 17-106(b), "including training in (1) Maryland law relating to separation, divorce, annulment, child custody and visitation, child and spousal support, (2) the emotional aspects of separation and divorce on adults and children, (3) screening for and addressing domestic violence, (4) family systems and child development theory, and (5) the inter-relationship of custody and child support."

Furthermore, in addition to the 20-hour family mediation training program you must have observed two or more custody or visitation mediation sessions conducted by a person approved by the county administrative judge, or have conducted two or more custody or visitation mediation sessions for cases in Maryland circuit courts.