Mediation

Robert A. McFarland, PA

Mediation: An Effective Alternative

Conflict is inevitable, whether in business relationships, marriages, settlement of estates or deciding life issues for aging parents. However, conflict does not have to mean going to court to resolve the matter. In fact, it oftentimes should not because it can be resolved if people can discuss what is causing the conflict and decide how to resolve it themselves. Just as importantly, they need someone to help them to discuss issues (a mediator), in order to come to a resolution.  

Mediation is a process where two or more parties in a controversy meet with a neutral person in a confidential setting to talk about the dispute. With the help of a skilled mediator, they engage in dialogue that is aimed at clarification of issues, development of sensible options and negotiation of a settlement that benefits all parties. 

I, as a mediator, while a lawyer, cannot act as legal counsel to any party. General legal information may be given, but not legal advice. My purpose is to help people get through the entanglement of conflict and come away with agreements that work for them. What my goal is as mediator and what gets me excited is to see people work together to come to their own resolutions.

Why is mediation becoming more popular in recent years? There are a number of reasons:

Mediation is confidential. The parties are bound by a signed confidentiality agreement regarding all that is discussed in mediation. By contrast, court proceedings can bring details to light as matters of public record which parties may rather not have out in the open.

Mediation is less expensive. A mediator's fee is typically charged by the hour for time in session and for time outside of session to prepare for mediation and to draft a memorandum of understanding and other preparation. Sessions typically run for a few hours in divorce and custody mediation and in simpler non-divorce cases and can run for a day or more in more complex cases. Fee payments are shared equally by the parties. On the other hand, parties going to court must each pay his or her attorney the full hourly rate to negotiate and prepare for trial.

Mediation is quicker. Mediation can occur within days or weeks, depending on the time required for the parties to prepare for negotiations and resolve scheduling issues. In court proceedings, it can be a year or more before a trial takes place.

Mediation can be initiated at any stage in a dispute. Even if the matter has already gone to court, mediation can usually bring the parties closer to resolving the matter, leaving little or nothing to litigate.

Mediation allows the parties to stay in control. The parties in a dispute normally have a better idea of what they need than a judge or jury. Mediation provides a neutral setting in which they may chart their own course of action, rather than having to accept a decision that is forced upon them by a court.

Mediation is more likely to preserve relationships. If maintaining a business relationship with the other party is important, mediation should be given serious consideration. Anyone who has ever been in litigation knows that the likelihood of salvaging a relationship with other litigants is rare. Since the process is not adversarial, mediation provides the opportunity to continue the relationship.  

Mediation achieves results. Large corporations, government agencies and the courts have resorted more and more to mediation to resolve disputes. For years, labor disputes in industry, sports and entertainment have resorted to mediation before going to arbitration or litigation.  Many government agencies, such as the U.S. Postal Service, have used mediation to resolve employee disputes.  In the last few decades, the Courts, particularly here in Maryland, have used mediation extensively to resolve cases before they go to trial. Mediation obviously has to be effective for it to have gained acceptance by so many industries and organizations.  It can also achieve results for individuals and smaller businesses.

Divorce and Custody Mediation
In addition to the points mentioned above, anyone in a divorce situation should keep in mind that maintenance of control of the dispute is a critical factor especially when children are involved. Parents know their children unlike any judge.  When the parents decide together how they will continue to be parents after they are no longer husband and wife, their children are spared the emotional trauma of their parents engaged combat and are better able to handle the changes that come with divorce. Money and property issues can be resolved more smoothly when the parties can work out their separate financial futures with the help of the mediator.  The end result of a successful mediation will be an agreement that the parties can finalize with counsel and proceed with an uncontested divorce.

Is mediation right for your situation? If you are in a dispute with a party who, while not necessarily amicable, may be willing to engage in discussion with you, then mediation probably makes sense. The services of a skilled mediator can save money, avoid lengthy court battles and, most importantly, bring resolution to your problem.

For more information the process and cost of Mediation, feel free to contact
Robert McFarland at the phone numbers or e-mail address provided below.

Robert A. McFarland
Attorney at Law/Mediator
Phone: 410-821-1511
Fax: 410-789-1057
Toll-free: 888-862-4733
E-mail: ram@mcfarlawmed.com