In family law matters, one of the most common concerns expressed by clients is the fear of “losing control” over the outcome of their case. Concerns are often focused on parenting schedules, financial stability, and what life will look like once litigation has concluded.
What Happens When a Case Goes to Trial
When a family law case proceeds to trial, evidence is presented and testimony is heard before a judge who makes decisions on the disputed issues. Those decisions are then reduced to a Court Order.
There is no guarantee that the outcome will reflect a party’s expectations or feel fair under the circumstances. Because of this uncertainty, alternative dispute resolution methods are frequently explored.
Why Mediation Is Becoming a Preferred Option
Mediation is a confidential process in which a neutral third party—the mediator—facilitates a discussion in the hopes that an agreement can be reached. If an agreement is reached on any issue, then it will be reduced to writing to be reviewed by each party’s lawyers. If everyone approves of the terms of the agreement, it can be signed and entered as a Court Order. You can mediate in the hopes of resolving all of your issues, or just one specific issue.
What Is Family Law Mediation?
Mediation is a confidential process in which discussions are facilitated by a neutral third party, known as the mediator. The purpose of mediation is to help the parties reach an agreement in a structured and supported environment.
How Agreements Are Reached in Mediation
If agreements are reached—whether on one issue or several—they are reduced to writing and reviewed by each party’s attorney. Once approved and signed, the agreement may be entered as a Court Order.
Control and Flexibility During the Mediation Process
During mediation, greater control is maintained over both the process and the potential outcomes. Depending on the complexity of the issues, mediation may occur over one or multiple sessions.
Confidentiality in Mediation
Anything discussed during mediation is confidential and cannot be used as evidence if the case later proceeds to trial. In addition, the mediator cannot be called to testify about what was said or proposed during the mediation process.
What Happens If Mediation Is Unsuccessful
If an agreement cannot be reached, the case simply returns to the traditional court process. Participation in mediation does not prevent a party from pursuing litigation if necessary.
Mediation Requirements and Uses in Maryland
In Maryland, mediation is required in all custody cases unless allegations of abuse are present. Beyond child custody and parenting time, mediation is also commonly used to resolve:
- Child support
- Spousal support
- Division of marital property
How Mediation Can Shorten the Divorce Timeline
One of the primary goals of mediation is to allow parties to retain control over their family law outcomes while avoiding lengthy and expensive litigation. For individuals subject to a separation period before filing for divorce, a mediated agreement may also allow for an earlier filing under Maryland’s mutual consent divorce grounds.
Working With a Trained Family Law Mediator
Family law mediation may be conducted by a trained mediator who brings legal experience, empathy, and honesty to the process. Guidance is provided to help parties explore creative solutions, remain focused on their priorities, and work toward practical resolutions.
Legal Representation During Mediation
In addition to serving as a mediator, legal representation may also be provided throughout the mediation process to ensure that rights and interests are protected at every stage.
Next Steps
If you are considering mediation or want to learn whether it may be appropriate for your family law matter, speaking with an experienced attorney can help you understand your options. Contact our office to learn if this is the right option for you.