If you are going through a divorce, it is highly beneficial for the parties involved to engage in the mediation process. Mediation is a voluntary settlement process that both parties can participate in to resolve their marital disputes, which can include marital property, child custody, and child support.

It is important that both parties prepare for mediation if they choose to participate in it. This choice to participate in mediation is important because it gives the parties control to make their own decisions about how to handle their marital property and child custody issues rather than a judge having to do so. They will have to put the work in to make it successful. This may include meeting with their respective attorneys prior to the mediation so that they can be properly advised as to the process and expected outcomes. They parties should also show up prepared to the mediation with a list of all assets and debts and any other records that may help the process along. The parties should set out their reasonable expectations and goals for the mediation. Finally, the parties should always keep the best interests of the minor children in mind when discussing legal and physical custody. When discussing issues regarding marital property and assets, the parties should consider how each decision will affect the minor children.

Choosing to participate in mediation is an important step in a divorce. For more information on how to prepare for mediation or to speak with a family law attorney, please contact us at (443) 741-2567 and we would be happy to meet with you.

Before you make a decision about how to approach your case, it’s important to know what the pros and cons are of both litigation and mediation. Litigation refers to a case that is handled through the traditional court process rather than settling through mediation. A litigated case usually ends in a trial where a judge decides on the outcome of the case. In mediation, the parties come to a mutual agreement themselves rather than have a judge decide the fate of their case.

Unlike mediation, litigation is an open court process and not confidential. The parties have less control over the outcome as the judge makes the decision. However, it is important to note that just because you file a case in court and it starts off as contested does not mean that the parties are not able to settle before it reaches a trial. In fact, many cases do settle prior to the case reaching trial. Many attorneys are able to amicably negotiate a good outcome for their clients while saving them the stress of going to trial. It is important that you hire an attorney who can assess your case and who will give you practical and honest plan of how to handle your case.

Litigation can be more costly than mediation and you have less control over your costs. The complexity of your case can also drive up legal fees. Another consideration that parties need to be mindful of is the amount of time a case can take to process through court. Litigated cases often last longer than cases that settle. Finally, it is important to note that each case is unique and it is important to discuss with your attorney your goals and what works best for you. If you have any questions, please call us at (443) 741-2567 and we would be happy to talk with you about all of your options.

In every family law case, parties always reach a point in their case where they are faced with whether or not to engage in the mediation process. Mediation is a process where a trained person, called a mediator, helps people identify the issues in a given case and reach an agreement on resolving them. The mediator is a trained professional who is impartial and experienced in handling family law matters.

If your case involves divorce and custody issues, parties will participate in a custody mediation and property mediation separately. In a custody mediation, parties attend the mediation without their attorneys. In marital property mediation, parties attend the mediation with their attorneys. In either situation, it is important to have your attorney review any agreement that is drafted by the mediator before signing it.

Many clients ask what the benefits of mediation are. Meditation may ultimately save you time and money rather having litigating the case in court. The process also allows the parties to take control of the outcome of their case rather than a judge rendering a decision that you may not be happy with.

It is important to note that mediation is a confidential process and is completely voluntary. Even if the Court refers you to a mediator, parties are not obligated to enter into an agreement. The Court favors allowing the parties to have ample opportunity to settle their case on terms that they are satisfied with rather than proceeding to trial and chancing the unknown.