Representation in Mediation
The Deal with Mediation
Contrary to popular belief, divorce doesn’t always have to be contentious — even when the parties haven’t reached an exhaustive agreement on their own terms. In many such cases with unresolved issues, there’s still an enduring desire among divorcing spouses to arrive at a compromise without having to appear before a judge, making mediation a viable solution.
In the world of divorce, mediation is all about finding ways to peacefully resolve any existing issues and disputes. Whether you’re sold on mediation or still weighing your options, our tenured team of family law professionals can help you find the right path forward so you can launch your new, independent life with conviction and be the best possible parent to your children.
What is Mediation?
A problem-solving process that empowers spouses to craft their own marriage-ending agreement in collaboration with a neutral mediator. On the spectrum of divorce, mediation falls somewhere between a potentially antagonistic court case and a collaborative divorce. Fittingly, then, any information disclosed during mediation is private and cannot be used against either party in court if the conflict isn’t resolved during mediation.
Mediation is a great option for couples who are almost entirely in agreement about how to proceed, apart from a few lingering questions or concerns. For example, the couple who knows precisely how to handle the division of their assets but simply cannot agree on who gets to keep the family pet could benefit from working with a mediator.
Conversely, mediation is also a viable path for those who disagree almost entirely, but would prefer to avoid going to court nonetheless.
The Role of Mediators
A mediator is a trained neutral party hired to help settle any persistent problems among divorcing spouses, not to be confused with your own personal attorney. Unlike a lawyer focused on preserving your rights, a mediator works in service of mutual resolution instead of advocating for the interests of one party specifically. In fact, a divorce mediator in Maryland is prohibited from representing either party individually since the process hinges on the mediator’s neutrality rather than their allegiance to either participant.
A skilled mediator is there to keep the participants focused on their goals while presenting any information that’s instrumental in reaching a resolution. Your mediator should also help introduce new solutions to old problems, arm you with basic legal facts (but not advice), and draft agreements as desired by the participants.
Even though mediation is led by a neutral party, it’s still important for both members of a divorcing couple to seek representation by a qualified attorney who can guide you through the process and ensure the mediator’s decision is made with your best interests in mind.
Is Mediation The Answer for Me?
The choice between mediation and divorce is delicate and deeply personal. The reality is, even the most amicable relationship can become strenuous during its dissolution, particularly when finances or children are implicated. However, if you’re determined to find a solution that meets the needs of everyone involved, mediation might be the right path for you since it allows spouses to craft an agreement tailored exclusively to their distinct demands.
We’re Already Going to Trial. Why Should I Care About Mediation?
So — you and your spouse are dead-set on going to trial, or you tried mediation and it didn’t work. Even in cases like this, you can still benefit by partnering with an attorney who’s also a trained mediator. Why? By trade, mediators are skilled negotiators with an eye for detail and a steadfast focus on reaching a mutually-beneficial settlement. They’ve built a career on anticipating human behaviors, meaning in a court case, they can predict how the other side might respond before the trial even begins. This anticipatory insight gives us an edge in litigation, allowing our team to build proactive, personalized strategies that strengthen your case and maximize your chances for success.
Finding the Right Mediation Attorney for You
As you navigate this challenging time, a trusted legal team who can help you make rational, well-guided decisions is essential. After all, when it comes to writing your new happily ever after, the importance of finding strategic and compassionate counsel focused solely on family law cannot be understated. By combining our vast legal experience, our tenured team can design a tailored strategy to help you take back your power and build the new beginning you deserve.