What is the
cost of mediation? The mediator's fee is $375.00 per hour. This amount is
usually divided between the parties, either equally or in proportion to their
respective incomes. Visa and Mastercard accepted.
How long does it take to mediate an agreement?
The time necessary to mediate
the terms that will be incorporated into the final written agreement is 6 to 8
hours (3 or 4 sessions) - less if the issues are uncomplicated or the parties
have reached agreement on many issues prior to mediation - more if the issues
are complex or the level of conflict between the parties is high.
Can you describe the mediation process? The goal is to reach a final
written agreement that will incorporate all of the understandings reached by the
parties with regard to all issues that need to be addressed. To that end the
mediator acts to guide the parties through a multi-step process of identifying
the issues in dispute, gathering the information necessary to intelligently
address those issues, and seeking out options which meet the needs and interests
of both parties.
What issues
are normally resolved in mediation? Legal and residential custody, child
support, visitation, allocation of college expenses for the children, health
insurance, life insurance, spousal support (alimony), disposition of the family
home, allocation between the parties of marital property accumulated during the
marriage, payment of debts, and tax matters including decisions relative to
filing joint or separate tax returns and claiming the children as dependency
deductions. At your first meeting with the mediator you will be furnished with a
13 page detailed "Checklist of Issues for Mediation" to help you identify
matters of concern that need to be addressed during the mediation process.
Is the mediator bound by any standards of professional
conduct? Yes, the mediator must
adhere to the
Model
Standards of Conduct for Mediators promulgated by the Academy
Arbitration Association, the American Bar Association, and the Association for
Conflict Resolution.
Who prepares
the written agreement? Once the parties have reached agreement the mediator
will prepare a written legal document which the parties will then take to their
respective attorneys for review.
Can the
mediator represent the parties? No. The mediator must remain neutral
throughout the mediation process and thereafter and cannot provide legal advice
to either or both parties. The mediator cannot represent either party or both of
the parties in the divorce proceeding or in any other legal matter at any time
in the future.
Do I need an
attorney? It is strongly recommended that you employ an attorney to review
the final agreement before it is signed. Many attorneys will work with you on an
hourly basis and only charge for the time necessary to read the agreement and
provide input into your decision.
What if I do
not have an attorney? We can refer you to a competent family law attorney
who is sensitive to the cooperative spirit of mediation, and who can advise you
on your legal rights and responsibilities under Maryland law.
Back to top
|