Why Should I try It?
If your case is referred to mediation by the court, or if someone suggests that you try mediation instead of going to court, it may be because:
- Mediation may save you time and money.
- Mediation provides an opportunity for you to say what’s important to you and hear the other person’s perspectives.
- Mediation may help you figure out how to get your needs and the other person's needs met by reaching creative, customized solutions that work for everyone.
- You are in control and you know what your needs are better then any judge or jury.
- Many business disputes, family conflicts, neighborhood disputes, and one-on-one issues are most effectively resolved in mediation.
- Even some criminal and juvenile justice cases are better handled in mediation than in court. This is especially true if the people involved have an ongoing relationship.
- Mediation may help you preserve (or improve) a troubled business, family or neighborhood relationship.
Who are these Mediators?
Mediators are people who have training in conflict resolution. They have experience helping people to communicate better with each other, even when it seems impossible for any agreement to be reached.
- Mediators come from all walks of life, with diverse backgrounds and experiences.
- Experience and training are important for becoming a good mediator.
- Mediators are good listeners, and they keep discussion going.
- Mediators are required to keep information confidential.
- You should be comfortable with your mediator and discuss your needs openly.
Everyone Wins!
Mediation is not about winning or losing. Mediation is about having an opportunity to find solutions that work for everyone.
- Agreements made in mediation come from the participants, not the mediator.
- You may choose to sign a written agreement which can be enforced as a contract.
- Mediation is risk free. If you do not reach an agreement, you can still have your case handled by the court or resolved in some other way.
- If you do not sign a written agreement in the mediation, and you decide to take your dispute to court, neither the mediator nor the participants can testify in court about what happened during the mediation.
- You can’t “lose” in mediation.
Why do Judges encourage mediation?
Maryland judges recognize that in appropriate cases people may achieve more satisfactory outcomes in a less time consuming and less expensive manner by using mediation than litigation. The courts solve problems, but judges realize that the underlying problems in many disputes cannot be resolved by the decision of a judge or jury. Mediation provides the public with an opportunity to resolve many disputes permanently and effectively. It also provides the courts with a mechanism to relieve overburdened dockets and help prevent disputes from escalating.
Find a Mediator
For a family issue that is already in the courts, contact a Family Court Coordinator.
For other types of cases or problems that are not part of a court case, or for more information about mediation or assistance in finding a mediator, you can contact the Mediation and Conflict Resolution Office or look at the on-line Dispute Resolution Practicioners Directory.
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