Thank you for considering Nancy Caplan Mediation & Legal Services for Divorce Mediation / Family Mediation in Maryland.In Divorce Mediation / Family Mediation, your Divorce Mediator / Family Mediator will assist a couple by managing their negotiations relating to separation, divorce, child custody, support, alimony, health insurance, family home, and distribution of property. With Ms. Caplan's professional guidance, most couples are able to arrive at fair, practical separation and settlement agreements, without wasting money on spiteful, drawn-out court battles. Divorce Mediation / Family Mediation in Maryland is for those folks who choose to rebuild their lives.
What is Divorce Mediation? Divorce Mediation in Maryland (also referred to as Family Law Mediation) is the process by which a skilled, neutral third-party (the Mediator) manages the husband-wife direct face-to-face negotiations of issues between conflicting parties to effectuate an agreement or conciliation of their child-related, support and property disputes. In Divorce Mediation in Maryland, the parties most often negotiate without the presence of their lawyers. Together the couple make decisions about their children, personal finances and property, to come to a agreements that each person can live with. Often these agreements are written into a formal Separation and Property Settlement Agreement (also sometimes called a “Marital Settlement Agreement”) and the Separation/Property/Marital Agreement is reviewed by the parties’ attorneys prior to signature.This process is faster, more specific, and enormously less expensive than attorney-driven negotiations.The parties themselves, through consultation with their attorneys, or other legal information sources, financial and/or mental health professionals, as needed, discuss, unravel facts and figures, negotiate and most often, work out the problems presented by a separation or divorce.
Legal Representation in Uncontested Divorces.In Divorce Mediation, the Mediator does not “represent” either party.Sometimes, Divorce Mediation is unnecessary, where the parties have nothing to mediate. All is agreed.Many couples with little property and/or without shared children are able to make agreements themselves relating to the issues of their separation and divorce. Often a person will call and say "we've agreed to everything, we just need a Separation or Property or Marital Settlement Agreement." In that case, there is no dispute to mediate. All issues relating to alimony, support and division of marital and non-marital property have been resolved. There is no dispute to litigate in court. What now?
In this situation,Divorce Mediation is unnecessary.It may be most cost-effective to retain a lawyer to proceed through the Separation and Property Settlement Agreement process.
A lawyer may ethically represent only one party. Therefore, if this situation applies to a couple, each party should attempt to jointly, deliberately and without threat to one another seek out independent attorneys for each party. Hopefully the parties will seek out family law attorneys who, like Ms. Caplan, who participates in the peaceful approaches to separation and divorce in Maryland. Choosing attorneys with similar fees and retainer requirements is another way to try to maintain a balance between the parties. Nancy Caplan provides such legal representation to one party in such "uncontested matters." In that case, Ms. Caplan may either write the formal Separation and Property Settlement Agreement for submission to your spouse and/or his or her attorney, or she can review a Separation and Property Settlement Agreement drafted by the opposite spouse's attorney. This differs from divorce mediation in that I will represent and give legal advice to the one party who is my client. While there may be certain loose ends and verification of facts, etc., generally in these cases the parties have: 1.) Fewer assets/disputes and 2.) have informally agreed to most of the critical issues arising from their marriage, separation and possible divorce, such as child custody, child support, alimony, and division of property.
Divorce Mediation in Maryland compared to traditional Separation and Divorce Litigation in the Maryland Court System.
The Divorce Mediation process in Maryland is faster, less stressful, private, controlled and very, very often, less expensive.
This site offers legal information, not legal advice. Every effort is made to ensure the accuracy of the information and to clearly explain your options. However this is not “legal advice.” “Legal Advice” can be defined as the application of the law to your individual circumstances. For legal advice, you must consult an attorney / lawyer.
Often one spouse or the other is reluctant to try divorce mediation. This is the perfect opportunity to get the information you need without feeling obligated and with nothing to lose, except your questions about how divorce mediation can ease the stress and expenses of separation, divorce, custody, child support, etc..
Couples OR individuals seeking information are welcome to the divorce mediation seminar. Let me help de-mystify the process without pressure. Space is limited. People with reservations are seated before walk-ins. Thank you for educating yourself about the options available to take you through the process of separation and divorce through divorce mediation in Maryland.
