Ellicott City, Maryland, Mediator
Historically, the divorce process has followed an adverserial model whereby the two sides litigate their issues in court, sometimes coming to settlement, but often times going all the way to trial where a judge determines how property is divided, where the children will reside, who gets to spend holidays with the children, and a host of other personal details. Recent trends have emerged involving alternative dispute resolution, examples of which are mediation, binding arbitration, and collaborative practice. The potential benefits are many. Mediation provides the parties with the control to determine their futures as opposed to having a judge decide. The process is generally much less adverserial than litigation. Even though the parties are divorcing, maintaining a working relationship is critical when children are involved. Litigation can be very difficult and can often times result in irreperable damage to what may have been an amicable termination of the marriage. Mediated agreements tend to "hold up" longer and tend to stay in place without modification longer than do solutions that result from litigation. Finally, mediation is less costly than litigation.
Mediation is a process in which spouses work out details of their divorce with the assistance and guidance of a trained mediator. The mediator acts as a neutral party and facilitates the process by identifying areas of common agreement, as well as areas where the parties disagree. In addition, the mediator elicits potential solutions from the parties and assists the parties in working toward agreement on some or all of the outstanding issues. Mediation sessions are typically held in the mediator's office and may comprise a single session, or multiple sessions depending on the progress made, the desire of the parties, etc.
Mediation can be done privately by the parties. In this scenario, the parties directly contact and hire a mediator. The mediator works with the parties as described above. If an agreement is reached, a written agreement is drafted and reviewed by the parties. The parties have the option of having the draft agreement reviewed by an attorney of their choosing. If acceptable to both parties, the agreement is signed and becomes the basis for the eventual divorce. The written agreenment is generally filed along with a divorce complaint and becomes a part of the divorce decree.
Mediation may also occur when one or both of the parties have filed for divorce. Maryland courts generally require the parties to attempt to resolve their issues via mediation prior to setting the case in for trial. Under this scenario, the court appoints a mediator and the parties arrange a date and time to meet with the mediator the start the process. The actual mediation process is no different that that which was previously described.
Maryland courts require the completion of 40 hours of mediation training before a individuals can hold themselves out as mediators. In addition, if there are specialized issues involved, such as complex property division and/or contested child custody issues, additional 20 hour mediation courses are required by the courts. Mr. Wood completed the 40 hour training in 2007 and completed an additional 20 hour course in child custody and child access mediation in 2008.
William Wood of the Law Office of William C. Wood, LLC, provides experienced mediation services in Maryland and Washington, D.C. Call (410) 465-6971.
Contact Us
If you have questions regarding mediation, contact us. We accept credit cards, charge affordable and competitive rates, and are conveniently located in Historic Ellicott City near free parking and area circuit and district courts. To contact an attorney, call (410) 465-6971.