In this article, you will discover:
- How mediation works for Maryland couples who are divorcing
- The types of issues that mediation can help resolve
- What happens if your spouse refuses to cooperate in mediation
What Is Divorce Mediation, And How Does The Process Work For Couples Divorcing In Maryland?
Mediation is a voluntary process for divorcing couples where a neutral third party, the mediator, helps couples resolve divorce-related issues outside of court. Suppose you have a contested divorce and there’s a disagreement on one issue. In such cases, judges usually encourage or order mediation, as it can be conducted through the courts at no additional cost.
The mediators are skilled professionals. Usually, they can help you and your ex reach some kind of an agreement. As long as you are at the table talking to each other, at least you’re listening. You might disagree, but you know what the other side wants and what they don’t want.
Even after a divorce case is over, if there’s another conflict, your first call should be to the mediator. By doing that, you can try to resolve the issue before you retain a lawyer and start spending money.
Why Is It Important To Try Mediation First In A Maryland Divorce Case?
Mediators are highly skilled at helping two people reach an agreement when attorneys or a judge can’t. Sometimes, you have no choice but to go to court; however, it’s still a good idea to try mediation first. If you can’t resolve all of your issues, you may be able to resolve some.
Don’t put your dispute in the judge’s hands. The judge must follow the law, so the outcome is uncertain. Regardless, judges typically order mediation first because most cases settle and can be removed from the docket.
Can Each Spouse Have Their Attorney Present During A Maryland Divorce Mediation Session?
Spouses may have their attorney present. However, having an attorney present may complicate the process. They may have strong opinions about what you’re willing to agree to. For that reason, it may be best if your attorney doesn’t attend the initial rounds of mediation.
Your attorney’s role is to guide you and inform you of the law and how it will affect the outcome. Ultimately, you are the one making the decision.
If your spouse’s attorney is attending, you may want to have your attorney present as well. However, it may be more productive and less expensive to meet with your ex in mediation without your attorneys present.
Attorney Andre Batson is a skilled lawyer based in Washington, D.C., who has helped numerous clients, just like you, navigate the complexities of divorce law. With years of experience, he is prepared to assist you in exploring how mediation can resolve issues in your divorce case so you can avoid a lengthy and expensive trial.
Still have questions? Ready to get started? Contact the Law Office of Andre L. Batson today to schedule a free initial consultation.
What Happens If One Spouse Refuses To Participate Or Cooperate During Mediation In Maryland?
If you refuse to cooperate with mediation, you’ll have to go to court. For that reason, it’s best to try to cooperate because trials are expensive.
Try to reach an agreement as early in the process as possible, rather than later. Once discovery starts, it gets complicated and expensive. Discovery is the process by which attorneys request and exchange documents. As an attorney, you have to read all of those documents and charge the client for that time.
When Is Divorce Mediation Not The Best Option For Resolving Issues In Maryland Family Law Cases?
The only time when mediation is not the best option for resolving issues is when one of the parties refuses to participate outright. You may consider it a waste of time, but you don’t know until you’ve tried.
You may have strong convictions about how to split the marital property, for example, but if you’re not amenable to mediation, the judge will have to decide the issue.
Is Mediation Always A Good Idea?
In mediation, you don’t have to agree to anything. The whole point is to put an offer on the table and let the parties decide. If there’s no agreement, you go to trial.
Sometimes, when you participate in mediation, you don’t reach an agreement. While you may have to go to trial, at least you’ve tried to resolve your issues.
Notes From The Field: How Do You Help Clients Focus On Their Children’s Needs Rather Than Past Hurt Or Blame?
You have to forget what happened in the past. D.C. and Maryland just changed the rules. Now there’s no-fault divorce. You can’t make your spouse pay for what they’ve done in the past. It no longer matters how many times your spouse cheated. Those photos of them cheating are now irrelevant.
If there’s abuse going on, that’s a different matter. Then we obtain a restraining order or civil protection order against your ex. With the civil protection order, your ex will be required to stay away from you and may not be able to have regular visitation with the children.
My first question for a client, especially a woman, is whether there is any abuse or physical violence in the relationship. If they say yes, we need to seek a restraining order. If they say no, then I recommend they let go of the past and move forward. That will be in the best interest of the children, and every parent wants what’s best for their children.
Still Have Questions? Ready To Get Started?
For more information on divorce mediation in Maryland, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (202) 253-5922 today.
Attorney Andre Batson is a skilled lawyer based in Washington, D.C., who has helped numerous clients, just like you, navigate the complexities of divorce law. With years of experience, he is prepared to assist you in exploring how mediation can resolve issues in your divorce case so you can avoid a lengthy and expensive trial.
Still have questions? Ready to get started? Contact the Law Office of Andre L. Batson today to schedule a free initial consultation.
