Divorce Mediation

Working With a Divorce Mediation Attorney Can Save You Money and Reduce Stress by Avoiding Court Battles

Attempting to navigate and seek agreement in a divorce case can be challenging and unpredictable, given Maryland’s intricate divorce laws and the parties’ often competing interests. That’s why many couples in Maryland are turning to divorce mediation as a viable alternative to litigation. At the Law Offices of Ellen L. Lee in Rockville, we’re prepared to help you determine if divorce mediation is the right choice for you.

Understanding the Differences Between Mediation and Traditional Divorce

Divorce mediation differs from traditional divorce litigation in four key ways:

• Location – Rather than the public setting of a courtroom, a mediation session is conducted in a private and neutral space.
• Mediator – Rather than having a judge assigned to your case, you and your spouse — along with your respective attorneys — select an impartial divorce mediator.
• Cost – Mediation is typically more affordable for both parties involved.
• Privacy – Everything discussed during mediation remains confidential.

Divorce mediation addresses all the crucial aspects of a traditional divorce, such as property division, child custody, alimony, child support, and visitation rights. Many couples prefer mediation because it allows them to have more control over these matters.

When Divorce Mediation is the Right Choice

Mediation sessions are more successful when both partners are willing to cooperate and work towards an amicable divorce. If you believe you and your spouse can maintain a calm and businesslike attitude while discussing important arrangements, including emotionally charged topics like child custody, the collaborative divorce process may be the ideal option for you.

This alternative dispute resolution process involves a neutral third-party mediator who helps the couple negotiate and resolve issues such as property division, child custody, and alimony.

Divorce Mediation in Maryland Allows You To Retain More Control Than Litigated Divorce

Couples who want to maintain control over the decisions that will affect their lives post-divorce may prefer mediation. In traditional litigation, decisions are left up to the court, but in mediation, the couple themselves make the decisions.

A Relatively Private Option for Couples Seeking a Divorce in Maryland

Collaborative divorce might also be suitable for couples who wish to keep their matters private. Court proceedings are public, but mediation allows for confidentiality.

Divorce Mediation is Often Less Expensive than Divorce Litigation and Can Accelerate Your Divorce Process in Maryland

Another reason many divorcing spouses might opt for collaborative divorce is if they wish to save time and money during the process of seeking a divorce. The divorce mediation process is generally faster and less expensive than traditional litigation.

Why You Need a Lawyer for Mediation

A divorce mediator and a Maryland divorce mediation attorney play distinct but complementary roles in the divorce mediation process. While a mediator can provide legal information, they are not allowed to give you legal advice.

A divorce mediator is a neutral third-party professional who facilitates communication between the parties, helping them to negotiate and reach agreements on issues such as property division, child custody, and alimony. They guide the conversation, ensure each party has an opportunity to speak, and strive to maintain a cooperative environment. However, they cannot give legal advice or advocate for either party.

On the other hand, a Maryland divorce mediation attorney represents one party in the mediation process, providing legal advice and advocating for their client’s interests. They can help their client understand the legal implications of potential agreements, prepare for mediation sessions, and review the final agreement to ensure it is legally sound and fair.

An attorney is an essential component in the Maryland divorce mediation process because they protect the legal rights of their client. While the mediator ensures the process is fair and balanced, only an attorney can provide you with legal advice and representation to suit your unique circumstances.

Both you and your spouse must have separate divorce mediation lawyers who will represent your interests throughout the collaborative process. Our Rockville divorce attorney will protect your rights every step of the way.

Understanding the Divorce Mediation Process in Maryland

Mediation can involve multiple sessions, each often lasting several hours. At the beginning of the mediation process, you and your spouse will provide the mediator with essential information, such as your income, debts, assets, living expenses, and details about your children.

The divorce mediation process in Maryland involves several key steps:

• Initiation: Either of the divorcing spouses or both can initiate the mediation process. This can be done voluntarily, or it may be ordered by a judge.
• Selection of Mediator: The parties choose a neutral third-party mediator who is trained to handle family disputes. Your family law attorney may guide you in this selection.
• First Session: During the first session, the mediator explains the process, sets ground rules, and gathers information about the issues to be resolved.
• Negotiation Sessions: The spouses meet with the mediator in a series of sessions to discuss and negotiate disputes regarding property division, child custody, alimony, and other issues. Each session typically lasts for about two hours.
• Agreement: Once all issues have been discussed and agreed upon, the mediator drafts a settlement agreement.
• Review of Agreement: The parties review the agreement with their respective divorce mediation attorneys. Once they reach an agreement, it can be submitted to the court for approval.

Ultimately, a judge must approve a divorce agreement; the divorce mediation process itself does not complete your divorce. In some cases, divorce mediation might not lead to the drafting of a settled agreement if one spouse of the other cannot come together on all matters. Nevertheless, this process moves you and your spouse closer to an agreement on several matters to be addressed in your eventual divorce settlement.

An experienced Maryland divorce mediation attorney plays a crucial role in guiding a client through each step of this process by providing legal advice, preparing for negotiation sessions, advocating for your interests during discussions, and reviewing the drafted settlement agreement to ensure fairness and legality. This can help make private mediation less stressful, more efficient, and more effective — ultimately aiding you in protecting and pursuing your interests.

Choose the Path of Divorce Mediation with Confidence

Experience a smoother and more cost-effective divorce by opting for mediation over a lengthy traditional divorce and family court battle. Contact the Law Offices of Ellen L. Lee in Rockville, Maryland now at (301) 279-0692 to discuss your options and make an informed decision about your future.

For your convenience, we offer multiple options for our initial information-gathering session. You can choose between an in-person meeting at our boutique law office in Rockville, Maryland, a video conference via Zoom, or a phone call. We understand the importance of flexibility, so our scheduling includes evening and weekend appointments to accommodate your needs.