Divorce does not need to mean a lengthy, drawn-out court battle. Many couples benefit from mediation. This is a process where a neutral third party facilitates discussion–and hopefully an agreement–between the parties about key issues affecting the divorce, such as division of property and spousal support.

Voluntary vs. Court-Ordered Mediation

In Maryland, mediation can be initiated voluntarily by the parties to a divorce. If the divorce case is already pending in court, the judge can also order the parties to undergo mediation. Court-ordered mediation is typically restricted to issues involving child custody and parental visitation rights, unless the parties agree otherwise. Voluntary mediation may cover any subject related to the divorce.

Voluntary mediation does not have any predetermined time limit. The parties may continue mediation as long as they wish. With court-ordered mediation, in contrast, there is usually a limited number of required sessions, although again the parties may agree to continue the process on their own initiative.

How Mediation Works

A mediator is neither a judge nor an arbitrator. In other words, the mediator’s job is not to hear your dispute and decide who is right. Instead, the mediator’s function is to facilitate discussion between the parties–and ideally reach an agreement on the disputed issues. While the mediator may assist the parties in drafting an agreement, their role is not to impose any sort of settlement or terms.

Also keep in mind that while the mediator may be a lawyer, their job is not to give you legal advice in the same manner as your own attorney. The mediation itself may take place with or without the presence of your attorney. But even when the parties are not represented during the actual mediation, they can still consult with counsel before or after the process. In fact, if an agreement is reached it is still advisable for each side to review the proposed settlement with their respective counsel.

When is Mediation a Good (or Bad) Option for Resolving a Divorce?

Mediation is a good option when the divorce itself is amicable and the parties sincerely wish to avoid the time and expense of litigation. In particular, if there are minor children involved, mediation can help bring the divorce process to a more peaceful resolution.

On the other hand, mediation is not always the best option. If the breakdown of the marriage was due to a history of violence–or threats of violence–it may not be reasonable to expect the parties to truly engage in the type of negotiations inherent in the mediation process. Mediation does require a certain level of trust and good faith. So if one party is accused of serious misconduct, such as hiding assets from the other party, litigation may ultimately be the best choice.

Contact Waldorf Family Law Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200.