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When to Use Family Mediation in Maryland
Mediation can be used to resolve the entire range of family disputes either
before a divorce takes place in order to consummate a marital settlement
agreement, as well as after the divorce to resolve continuing disputes that
might arise under a marital settlement agreement.
Under Maryland Rule S73A,
court-ordered mediation, the issues are restricted to custody and visitation
unless both parties agree to include other issues.
A history of abuse or allegations
of abuse preclude mediation and the court will not refer for mandatory mediation
of child custody or visitation any situation where abuse has been evident.
Mediation should not be used when
there has been evidence of domestic violence or abuse or there is a great
difference in power between the parties. For the mediation process to work there
must be some degree of trust between the parties.
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