Mediation in Maryland

Mediation is a form of Alternative Dispute Resolution (ADR) that is an alternative to the traditional litigation process. It is an informal process in which a neutral third party helps the opposing parties reach a voluntary, negotiated resolution to the matter at hand. Mediation is a voluntary process and provides the parties and opportunity to discuss the issues raised in the charge, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, to incorporate those areas of agreements into resolutions. A mediator does not resolve the dispute or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. The mediation process is strictly confidential. Information disclosed during mediation will not be revealed to anyone.

Advantages of Mediation

• Mediation is an efficient process that saves time and money. Successful mediation avoids a time consuming investigation and can achieves a prompt resolution of the matter. The majority of mediations are completed in one session, which usually lasts anywhere from one to five hours.
• Mediation is an objective process. Mediators are neutral third parties who have no interest in the outcome. Their role is to help the parties resolve the matter.
• Mediation is a confidential process. The sessions are not tape-recorded or transcribed. Notes taken during the mediation are discarded.

Role of the Mediator

The mediator is not a fact-finder, jury or judge and will act as a neutral facilitator to help the parties reach their own settlement. The mediator will not offer legal advice or provide legal counsel. Parties may choose to consult an attorney and arrange to have one present during mediation to better understand their respective legal interests, rights, and obligations.

Role of Participants

The main reason that mediation is so widely used is because the parties have great power to make the process work. In litigation, the process is more formal and structured and requires more interaction between attorneys but in mediation the parties have much more control and discretion. The success of mediation depends on complete and honest disclosure of relevant information and documents between Parties and to the Mediator. In order to make this work, we ask that someone with settlement authority be present when negotiating.

Mediation is voluntary

The process of mediation is voluntary and that means that any party may withdraw from or suspend the mediation at any time, for any reason, including the mediator, who may suspend or terminate the mediation if s/he feels that it will lead to an unjust or unreasonable result, if the mediator feels that an impasse has been reached, or if the mediator determines that s/he can no longer effectively perform his/her facilitative role.

Confidential

The mediation will be strictly confidential but as with most absolutes, there are exceptions, such as, if something is otherwise discoverable then it will not be held in confidence. Another exception that will break confidentiality is if the mediator feels that another person may be in danger of harm.

Mediation discussions, written and oral communications, any draft resolutions, and any unsigned mediated agreements shall not be admissible in any court proceeding. Only a mediated agreement, signed by the parties may be so admissible. I also ask that the parties agree to not call the mediator to testify concerning the mediation or to provide any materials from the mediation in any court proceeding between the parties. The mediation is considered by the parties and the mediator as settlement negotiations.

Experience

Maryland attorney, J. Matthhew Bodman is a trained mediator. He also volunteers for the ADR program in the Maryland district court system.

Please use the contact form to provide information on your case to Maryland Mediation Attorney, J. Matthew Bodman.

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