Child Custody Mediation in a Maryland Divorce
If you and your spouse are having trouble reaching an agreement, you should consider mediation. A mediator specializes in helping people reach an agreement that is fair and will last. The sessions are confidential. A mediator’s role may be limited to custody. You may also ask to cover other issues such as marital property if you choose. Mediation is not appropriate in cases where there is a genuine issue of physical or sexual abuse of the child or one of the parties. It is also important to get a legal advisor for this process. The mediator’s role is not to take sides, but to bring the two sides together. Additionally, if the mediator is not an attorney, he/she may be unaware of some specific legal issues.
Court Ordered Mediation
The court has the power to order you and the other side to go to mediation. This is true whether
- your case is just starting;
- you are requesting modification of an existing order; or
- or you are filing a contempt action.
You should be aware, however, that if mediation is ordered by the court at the initial proceeding it will most likely prolong the legal process by stopping all other actions until the mediation is complete. The court will initially order two sessions. However, a mediator recommend that the court order 2 additional sessions. You may decide to continue the mediation without the court ordering it. The court also has the power to order one or both parties pay for the mediation.
Last Revised: December 10, 2018