How Divorce Mediation Saves Time, Money, and Stress in Anne Arundel County, MD

In this article, you will discover:

• How divorce mediation differs from litigation in Maryland
• Why mediation may be a better alternative to litigation 
• How to prepare for divorce mediation in Maryland

How Does Mediation Differ From Litigation In Maryland?

Litigation

Litigation puts decisions about your assets, children and support entirely in the hands of a judge who does not know you or your family, and will only have a few hours to gather information and make a decision. 

While a judge will make a decision that’s equitable and fair according to the law’s guidelines, that may differ from what the parties believe is fair based on their particular situation. A judge is bound by a legal framework and may disregard certain facts about your case that you deem significant but that do not fit into that framework. 

Mediation

For this reason, mediation may be a preferable alternative. The difference lies in the goal of mediation versus litigation. 

The goal of litigation is to fit the facts of your case into the factors that the judge will consider. Mediation’s goal is simple and singular: to help the parties reach an agreement. 

Compared to litigation, mediation offers more control over the outcome of a divorce or custody case. Its biggest benefit is its flexibility. 

The parties to a mediation are free to reach agreements based on what they believe is fair, rather than being restricted to legal factors. That flexibility allows them to create a unique agreement that includes details and specifics that might not be possible if a judge were to make the decision. 

Whether you are trying to resolve custody, property, financial or support issues, you can make your agreement as broad or specific as you want. If the parties get along well and want to make a general agreement to share custody without a specific schedule, they can do so. A judge typically won’t do that. Alternatively if parties need lots of guidelines and specific agreements on certain topics in order to effectively co-parent, they can reach an agreement that is more detailed than what a Judge would order.

Another common example involves the disposition of a family home. If one or both parties owns the home that they lived in together, there are a limited number of options for how a court can resolve what happens to the home and how its value gets divided. Parties in mediation often reach agreements that are very specific to their own circumstances when they mediate how the home will be handled, when or if it will be sold, and how each party gets their value from it. 

You can include many contingencies in mediated agreements. The parties can create something that works for both of them, even though they might not agree on every issue, because they can add the details that a court might not.

Attorney Shannon Rusz is a skilled lawyer based in Annapolis, Maryland, who has helped clients like you navigate the intricacies of family law. With years of experience, she is prepared to assist you in pursuing mediation as an alternative to litigation for your divorce case so that you have greater control over its outcome.

Still have questions? Ready to get started? Contact Rusz Legal Services today to schedule an initial consultation.

How Does Your Firm Support Mediation Clients?

We support mediation clients in two ways:

The first way we support clients is through mediation services. Shannon Rusz is a trained mediator. If parties call us, either together or separately, we can offer those services. 

The mediator’s role is to facilitate an agreement. Even if the mediator is an attorney, they won’t give you legal advice, take sides, advise either party what a court would do or advise anyone about what they’re legally entitled to. The mediator will discuss all of the issues and talk with the parties to help them reach an agreement that they both are satisfied with. 

The second way we support clients is by representing them during mediation with their spouse, aided by an independent mediator. Our role in these cases is to advise and advocate for them throughout mediation. 

Securing the services of an attorney to advocate for you while you go through mediation is highly useful, particularly where you’re dealing with assets or custody. I help you go into the mediation with knowledge of:

•  What the law says
• What you are entitled to
• What the potential outcomes are if you proceed to litigation
• What your risk is if you go to court

My clients will know what’s likely to happen if they take their case to court, which helps them assess the value of a particular agreement that might be on the table.

If the mediator prepares a written agreement for the parties, we will review it and propose any necessary revisions. Mediators won’t always include what we call ‘protective’ language or boilerplate language. While it’s standard language, there are many provisions that are important to protect the party’s rights and obligations under the agreement. 

Do You Represent Clients During Or Outside Mediation Sessions?

We represent clients both during and outside mediation sessions. Often, custody-only mediations are conducted without attorneys. Many mediators will request that attorneys not be present during custody mediation because it makes the process more adversarial. 

However, in those situations, we do serve as an advisor behind the scenes. Many clients hire us to do just that: advise them on potential agreements in mediation and on final agreements as well. 

If you need an attorney present for mediation, we will accompany clients to mediation and help them to negotiate and assess the agreements on the table, ensuring that all bases are covered. 

One of the most important services we can provide when we’re representing a client in mediation is to ensure that all bases are covered and that we’ve resolved all of the issues, big and small, so that the parties can move forward effectively. 

What Fee Options Do You Offer For Mediation Support?

For mediation support, we offer both hourly and flat-fee services. 

If you’ve been to mediation and reached an agreement, a mediator will often suggest that you take it to an attorney for review, if you don’t already have one. When you reach an agreement and already have something in writing, we offer a flat-fee service to review and advise on it. 

If you are already engaged in mediation or preparing for mediation but haven’t reached an agreement yet, we offer limited-scope hourly representation with a small retainer fee up front.  

In an hourly mediation or settlement representation we represent you through the process. We will make sure that you have the necessary background information and understanding of the relevant law and ensure you know what you need from mediation. That guidance extends all the way through to the written agreement.

How Should Clients Prepare Effectively For A Divorce Mediation Session In Maryland?

If you file a court case, many county courts will issue an order for the parties to attend two sessions of mediation, but a lot of people choose to start with mediation on their own as well, particularly in divorce cases. 

When you go into mediation, you must have a clear understanding of your priorities. This strategy is part of how we help clients throughout the mediation process. 

Knowing where you draw the line is important to start with. At a minimum, you need to identify:

• All of the issues that need to be resolved
• What your non-negotiables are – what is your bottom line
• What is negotiable, i.e., issues you’re willing to discuss, make concessions about or figure out creative ways to deal with

When we prepare you for mediation, we ensure you have a comprehensive checklist of all the issues you need to discuss and resolve so that nothing is missed. Once you have your list of issues, we ensure they’re prioritized based on your particular circumstances.

Next, we provide you with the relevant legal background. Legal context is crucial for clients to make informed decisions about whether to concede on a specific issue or push a specific point. You also need to know whether it’s worth it to make an agreement versus the risks you’ll face should you decide to go to court. 

Still Have Questions? Ready To Get Started?

For more information on divorce mediation in Anne Arundel County, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (443) 251-4502 today.