Is Divorce Mediation Right for You?

Divorce is an emotionally charged process, generally difficult for both parties. Traditional litigation can often exacerbate these difficulties, leading to prolonged conflicts and increased expenses. For many couples, divorce mediation offers an alternative approach that can be more amicable and efficient. If you are considering divorce in Maryland, understanding the benefits and limitations of mediation can help you decide if it’s the right path for you.
Understanding Divorce Mediation
People engage in divorce mediation voluntarily. A neutral third party, known as a mediator, helps the divorcing couple negotiate and reach a mutually acceptable agreement. The mediator does not make decisions for the couple but facilitates communication and helps them explore options for resolving their issues. Mediation focuses on cooperation and finding solutions that work for both parties rather than having a judge make decisions for them.
During mediation, the mediator will take the following steps, among others:
- Define the issues to be mediated
- Establish and enforce ground rules
- Structure the discussions and keep them on track
- Identify each party’s underlying interests and concerns
- Help dislodge impasses
- Explain any legal issues that may arise
- Find areas of commonality and agreement
- Seek concessions from each side
- Clear up misunderstandings
- Caucus with each party privately, if necessary
Benefits of Mediation
There are a number of benefits offered by divorce mediation. These include:
- Mediation is generally less expensive than litigation. Court battles can involve substantial attorney fees, court costs, and other expenses. Mediation, on the other hand, involves fewer formal procedures and can often be completed in fewer sessions, reducing overall costs
- Traditional divorce litigation can take many months or even years to resolve, especially if the case goes to trial. Mediation can significantly shorten the time frame for reaching an agreement, allowing both parties to move on with their lives more quickly.
- Mediation sessions protect confidentiality and privacy, unlike court proceedings, which are part of the public record. Mediation discussions and agreements are kept confidential. This can be particularly important for couples who value their privacy or have sensitive issues to resolve.
- The couple retains agency over the decisions that affect their future. They work together to reach agreements on issues such as property distribution, child custody, and alimony. In contrast, in litigation, the judge makes these decisions, which may not fully satisfy either party.
- Mediation promotes a cooperative approach to problem-solving, which can reduce the level of conflict between the parties. Where the parties share a child or children, this is particularly beneficial for future co-parenting.
- Mediation allows for more creative and personalized solutions than a court might impose. Couples can tailor their agreements to fit their specific needs and circumstances rather than being bound by rigid legal standards.
Is Mediation Right for You?
While mediation offers numerous advantages, it is not suitable for every situation. Here are some factors to consider when deciding if mediation is right for your Maryland divorce:
- Willingness to Cooperate: Mediation may not be effective if one or both parties are highly adversarial or unwilling to compromise. Both parties must be willing and able to negotiate in good faith toward a mutually beneficial agreement.
- Power Imbalances: In cases of domestic violence or emotional abuse, there is generally a power imbalance where mediation may be neither effective nor appropriate.
- Complex Financial Situations: If your divorce involves complex financial issues, such as business valuations, significant assets, or intricate investment portfolios, additional expert help from financial professionals and others may be necessary.
While mediators can provide legal information, they cannot offer legal advice or represent either party. It is advisable for each party to have their own attorney review any agreements reached in mediation to ensure their legal rights are protected.
Note that mediation can be particularly effective in resolving child custody and parenting time issues. However, if there are concerns about the safety or well-being of the children, such as cases involving substance abuse or neglect, mediation may not be appropriate. A Bethesda divorce mediation attorney can help you understand if divorce mediation makes sense for you.
The Mediation Process in Maryland
In Maryland, the mediation process typically follows these steps:
- Initial Consultation: The process begins with an initial consultation where the mediator explains the process, answers questions, and assesses whether mediation is appropriate for the couple.
- Mediation Sessions: During mediation sessions, the mediator facilitates discussions between the parties. The number of sessions needed varies depending on the complexity of the issues and the willingness of the parties to reach an agreement.
- Agreement Drafting: Once the parties reach an agreement, the mediator drafts a written agreement outlining the terms. Each party’s attorney reviews this agreement to ensure it is fair and legally sound.
- Court Approval: The final step is to submit the agreement to the court for approval. If the court finds the agreement to be fair and in accordance with Maryland law, it will be incorporated into the final divorce decree.
Contact a Bethesda Divorce Mediation Attorney
Deciding whether mediation is the right approach for your Maryland divorce requires careful consideration of your specific circumstances and needs. Mediation offers many benefits, including cost savings, faster resolution, confidentiality, and control over the outcome. However, it is not suitable for every situation, particularly those involving significant power imbalances or complex financial issues.
At the law offices of Brandon Bernstein, LLC, we can help you achieve a fair and amicable agreement that allows both parties to move forward with their lives in a positive and constructive manner. If you are considering a divorce and would like to know how you can use divorce mediation to avoid unnecessary costs and disputes, we encourage you to schedule a free initial divorce consultation. To request an appointment with Bethesda divorce mediation attorney Brandon Bernstein in person or remotely, contact us at 240-395-1418.