Work with a Montgomery County Mediation Attorney Who Always Strives For An Amicable Result
Mediation is an alternative dispute resolution (ADR) procedure in which a third party acts as a facilitator (i.e. mediator) to help the parties resolve their dispute in a mutually beneficial manner. The mediator will facilitate communication between the parties and evaluate the core issues regarding the dispute. The mediator will also explore the needs of each party and their respective terms for reaching a fair settlement.
The overriding goal of mediation is for the parties to arrive at a mutually acceptable resolution, and to do so “on their own.” The mediation process also involves information gathering to the extent that both parties are aware of the relevant financial consequences of reaching a settlement, thereby allowing each to make an informed decision.
Issues Resolved Through Mediation
The mediation process tackles numerous topics regarding the dissolution of a marriage. For instance, questions concerning legal and physical child custody, child support, alimony (i.e. spousal support), property division and which assets qualify as marital or separate. Mediation can also help resolve tax-related issues, such as decisions regarding filing joint or separate tax returns and claiming children as dependents. Mediation allows families to reach mutually satisfactory solutions in ways that a court may not be able to.
Advantages to Mediation
Perhaps the most notable advantage to mediation is that it’s less expensive than litigation. It also offers each party more control over the outcome of their case, as opposed to a Maryland court issuing a final judgment. Mediated agreements may also include provisions that only become enforceable once the agreement is incorporated into the Judgment of Absolute Divorce.
The Court’s Role in Mediation
If a couple is ordered into child custody mediation, each party will meet with a court appointed mediator to focus on child custody and visitation issues in their case. If the parties are ordered into ADR, they will also be required to focus on resolving any and all financial and property issues resulting from the marriage.