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Frequently Asked Questions
WHAT IS MEDIATION?
Mediation refers to negotiations between parties, which negotiations are managed by a neutral mediator in a confidential and private setting. This neutral mediator does not judge the parties, does not offer legal advice to the parties and does not bring his or her personal opinions or biases to the negotiations. The mediator provides the structure for addressing relevant issues, assures that each party is heard, helps generate useful and creative options for agreement and may assist the parties in reducing their agreements into writing. The process is voluntary and each party and the mediator may terminate the mediation if necessary. The mediator cannot reveal the substance of the negotiations and must keep all communications confidential. The exceptions to confidentiality include allegations of abuse of a child or an elder, about which a mediator must report to an appropriate authority as required by law.
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HOW DOES THE PROCESS OF MEDIATION BEGIN?
Ideally both parties would jointly contact me themselves or through their attorneys to schedule a complimentary consultation, which consultation can be either by telephone or in person at my office. If one party telephones my office without the other party's participation (which is often the case), communications are limited to the logistics of scheduling a time and place for the initial consultation where both parties MUST be present. That initial call may include gathering limited intake information, such as names, addresses and telephone numbers of the parties, and the attorneys, if any, so that I may assess the existance of conflicts-of-interest between myself and the parties.
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WHAT TAKES PLACE AT THE INITIAL CONSULTATION AND HOW LONG DOES IT LAST?
The initial consultation lasts for about one hour in person, and about half that time on the telephone. During that session, I will: Explain the process of mediation; Screen for situations where mediation may not be an appropriate forum; Ascertain an overview of the parties' factual and procedural situations(i.e. whether litigation has been initiated); Ascertain the subject-matter scope of the mediation; Explain payment/division of mediation fees; Provide you with an "Agreement to Mediate" form for your review and signature prior to the commencement of the initial mediation; Suggest preparation methods for the substance of the negotiations.
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WHAT PREPARATION IS NECESSARY FOR MEDIATION?
First, the parties will need to investigate the nature and scope of their legal rights. That investigation can range from conducting computer research, talking to others, availing oneself of court-provided resources, consulting an attorney or hiring an attorney on retainer. The second phase of preparation depends on the anticipated scope of the subject-matter of the proposed mediation. Property division and spousal and child support issues necessitate that parties obtain financial information relating to their assets (including pension or retirement information), expenses and sources of income. This does not differ significantly from the preparation required by an attorney in any domestic relations case involving property distribution or support issues. The form Financial Statement provided by the Courts in Domestic Relations cases is the best guide for this preparation. Child custody and visitation/access issues require that information like school calendars and/or parental work schedules be available during mediation. At the initial consultation the mediator will provide additional guidance for preparation.
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SHOULD I HIRE AN ATTORNEY IF I CHOOSE TO MEDIATE?
Ideally, hiring an attorney on a retainer or a consultation basis is the best option to assure you have all the information necessary to assure protection of your legal rights and remedies. However, the realities of your case or the expense of an attorney often make the hiring a lawyer unreasonable under the circumstances. Other options for exploring your legal rights and remedies can range from talking to others (in conjunction with other research), conducting research by computer, reading reliable self-help books, availing yourself of legal guidance and advice provided by the courts or by government agencies, if you qualify. Mediation without legal representation may be appropriate in cases where there are fewer disputed issues, for example, a short-duration marriage without children and few assets. Occasionally a couple is motivated to enter into an agreement and have a solid grasp of their finances. Sometimes parties choose to decide issues based upon their own standards rather than what their legal rights and remedies may be.
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WHAT IS THE APPROPRIATE SCOPE OF MEDIATION?
Mediation can address most issues relating to separation or divorce, or may be limited to more discrete topics such as custody & visitation, or personal property division. The appropriate scope of mediation is defined by the complexity of the case, the desires of the parties and/or the scope of a court order.
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HOW DO ISSUES OF DOMESTIC VIOLENCE AFFECT MEDIATION?
As a general rule, mediation is not the proper forum where issues of domestic violence exist. In a family situation where domestic violence issues have been raised, the mediator must evaluate whether mediation is appropriate. The focus of such evaluation is whether the victim of domestic violence can negotiate without the burden of fear or disparity of interpersonal power. In almost all domestic violence situations, the victim of the domestic violence must have legal representation to mediate and that attorney must participate in the mediation, obviously driving up the costs. Where there are allegations of domestic violence against children, mediation should ONLY take place only by court order and under its supervision.
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HOW IS MEDIATION UTILIZED IN A LARGE OR COMPLEX FINANCIAL SITUATION?
In a matter where the finances of the parties are complex or where there are several assets involved, mediation is effective so long as there is full financial disclosure to the mutual satisfaction of the parties and the mediator. Whether the full financial disclosure is made in the course of formal discovery or informally between the parties is not important. Parties may condition the validity of their negotiated agreement upon the truthfulness and completeness of the financial disclosure. There are exceptions to full financial disclosure which may be agreed upon by the parties, and so long as each party has consulted with an attorney to the mediator's satisfaction, these cases are appropriate for mediation.
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HOW IS MEDIATION COST-EFFECTIVE WHERE THE PARTIES HAVE ALREADY RETAINED ATTORNEYS, FILED SUIT, AND COMPLETED FULL DISCOVERY?
Mediation is cost-effective and can be extremely efficient at this stage of the proceedings. With formal preparation complete, and presumably a trial date on the horizon, the parties’ negotiation of an agreement under the management of their mediator, is far more direct than the back and forth phone calls between attorneys, joint settlement conferences with attorneys, all at their combined hourly rate. The parties, soon facing an expensive trial, with all issues crystallized, and each having had the benefit of legal counsel throughout the process, are in the ideal situation to approach mediation.
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HOW MUCH WILL MEDIATION COST?
Mediation at Nancy Caplan Mediation is charged at the rate of $200 per hour privately, or at the rate provided by law if the mediation is ordered by the court. The same hourly fee applies to time spent drafting your agreements into written format by the mediator. The total cost of mediation depends on the number of mediation session hours necessary which is depends upon the complexities of the issues and the motivation of the parties.
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WHY MEDIATE INSTEAD OF LITIGATING?
Litigation is an adversarial process where final decisions are made by the judge in open court. The public exposure of private matters often adds to the emotional trauma of the divorce and often involves the adverse involvement by friends and extended families. Conversely, mediation provides a private forum for discussing, exploring and making jointly negotiated decisions for the parties and/or their children. In litigation, the outcome is unknown and may result in unhappy surprise to one or both parties, relating to one or more of the issues. In mediation, the parties stay in control of their needs and obligations, and therefore will not be unhappily surprised. Parties of successful mediation are more likely to comply with the agreements they have personally negotiated. At the end of litigation, parties, as "winners" and "losers" may continue in personal conflict over some or all of those issues and are more likely to end up in a future dispute over matters litigated to one party's extreme dissatisfaction. In other words, in family law matters, litigation often breeds more litigation. Within recent years, mediation has been required by law in child custody and visitation cases in Maryland, and many believe that mediation is the trend of the future for most family law disputes. The nature of the issues and emotions involved in family law require a serious consideration of a more peaceful approach to resolving those disputes. Mediation with a skilled mediator trained to resolve disputes, rather than litigation with skilled attorneys poised to win at all costs, is likely to conclude in a resolution acceptable to both parties. Litigation is far more costly than mediation, diverting family funds to lawyers' and experts' fees. Why NOT mediate instead of litigating?
Serving the communities of the greater Baltimore- Washington, Maryland Metropolitan Area, Baltimore County and Baltimore City Separation and Divorce Mediation, and the Washington, D. C. Metropolitan Area Separation and Divorce Mediation, as well as Harford County Separation and Divorce Mediation, Anne Arundel County Separation and Divorce Mediation, with all areas of Maryland Divorce Mediation, Family Law Mediation, Separation and Divorce Mediation, Property Settlement Agreements (Separation Agreements), Child Custody and Visitation Mediation, , including:
- ANN ARUNDEL COUNTY - Annapolis, Crownsville, Crofton, Millersville, Severna Park, Glen Burnie, Bowie, Odenton,
- BALTIMORE COUNTY - Catonsville, Towson, Lutherville, Timonium, Cockeysville, Pikesville, Owings Mills, Reisterstown, Glyndon, Sparks, Hunt Valley, Monkton, Glencoe, Randallstown, New Town, Perry Hall, Parkville, Rosedale, Dundalk, Essex, Middle River, Edgemere, White Marsh
- HOWARD COUNTY - Columbia, Sykesville, Ellicott City, West Friendship
- HARFORD COUNTY - Bel Air, Joppatown, Aberdeen
- CARROLL COUNTY - Westminster, Taneytown, Finksburg and
- BALTIMORE CITY, MARYLAND.
- Coming Soon to MONTGOMERY COUNTY - Silver Spring, Rockville, Wheaton, Gaithersburg, Bethesda.
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