3 Reasons to Consider Mediation in Your Maryland Divorce
Your divorce is not going to be fun. Even when things go relatively smoothly, it can be a time of upheaval and change. Anything that can make things even a little bit less traumatic, less hostile, and less costly is a positive thing. If your divorce can get finalized quicker, even better. That is why many divorcing couples in Maryland choose divorce mediation as an alternative to lengthy and expensive court fights.
What is Mediation?
Divorce mediation is a process designed to encourage and help spouses reach agreement on as many issues involved in ending a marriage as possible. A whole bunch of essential matters must be worked out in a divorce – custody, child support, spousal maintenance, and property division, just to name a few.
There are two main ways all of these issues can be resolved.
One way is for the parties to work things out between them through negotiation and agreement. The other way, which sometimes can’t be avoided, is for the parties to battle it out in court and let a judge make the decisions as to what their lives will look like when the marriage ends.
Divorce mediation is part of that first way. In divorce mediation, a third-party neutral gets actively involved with the spouses and their attorneys to help them bridge their differences and work through disputed issues.
What Does a Mediator Do?
The mediator, who usually is an attorney specially trained in the art of mediation and negotiation, will listen to each spouse’s concerns, wishes, and points of view. He or she will try to bring the spouses closer together on issues where they are far apart. While the mediator may be a lawyer, he or she won’t be your lawyer, and they won’t be your spouse’s lawyer either. They cannot and should not offer legal advice nor should they advocate on behalf of either spouse. Mediators don’t take sides.
But mediators also can’t force the parties to agree or impose solutions on them.
Here’s the key to divorce mediation: it takes two to tango. Both parties have to want to participate in mediation for it to have a chance to work. Both parties have to be civil, rational, and open to compromise. If either spouse is unable or unwilling to work together, mediation will likely be a waste of time.
Benefits of Divorce Mediation
If you and your spouse are open to the idea of mediation, here are three main reasons you should consider it:
- Mediation Puts You in Control. Mediation puts spouses in control of their destinies, rather than a judge deciding important issues for them. When the parties voluntarily reach an agreement, it is less likely to lead to anger, dissatisfaction, and resentment than a judge’s order which may leave one party feeling like they got the short end of the stick.
- Mediation Can be Cheaper. Fighting over everything in court can become very expensive very quickly. Every letter or email sent and phone call made by your lawyer costs you money. Every court hearing which your lawyer has to attend and prepare for costs you money. Filing motions, reviewing and exchanging lots of documents costs you money. A trial which can last for days or weeks will cost you lots of money. Mediation dramatically reduces these costs. Negotiation is simply cheaper than fighting.
- Mediation Can Be Quicker. There are more divorcing couples than there are judges in Maryland. This means that you are at the mercy of the judge’s overcrowded schedule. You may have to wait weeks or months for a hearing date on even just one issue. With mediation, you control the timetable. Most mediators can be available much sooner than a judge will be, which means you can have things wrapped up in a fraction of the time if all goes well.
As noted, divorce mediation is not right for all couple, and not all mediation leads to agreement. But it is almost always worth considering. To discuss your situation and to learn more about divorce mediation, contact a Maryland divorce attorney.
Speak With a Baltimore & Towson Family Lawyer As Soon As Possible
Our Maryland family law attorney will provide sound guidance and compassionate counsel in divorce and family law matters for clients in Towson and the greater Baltimore area. Our firm offers free initial consultations and is dedicated to providing every client with personalized and effective divorce representation. Please call (410) 321-4994 to learn more.
