What is Mediation? 

The Maryland Mediation and Conflict Resolution Office (MACRO) defines mediation as “a process in which the parties work with one or more impartial mediators who, without  providing legal advice, assist the parties in reaching their own voluntary agreement for the resolution of all or part of their disputes.”  A mediator may identify issues and discuss options as well as aid the parties or their respective positions.  A mediator may also assist the parties in documenting the terms of their agreement and merging them into a written memorandum.

Who Participates in Mediation?

Usually the parties listed on the case are the participants in mediation.  On occasion, other participants involved in a child’s welfare may also be requested to attend the mediation session.

What Is The Cost For Mediation?

Family Mediation costs one hundred-fifty dollars ($150.00) per person, per mediation session. 

Family Property Mediation costs two hundred dollars ($200.00) per person, per mediation session.

What If I Can’t Afford The Mediation Fee?

You may apply for a fee waiver through the Director of Family Programs.  You must complete the affidavit (detailed document of your current expenses, employment income and intangible/tangible personal properties) and have it notarized.  It’s essential to file the fee waiver immediately with the courts to allow for time constraints and scheduling. 

Contact the Director of Family Programs at (301) 932-3278 to obtain a fee waiver application.

What Happens At A Mediation Session?

Participants ordered to mediation will be assigned a mediator.  It’s your responsibility to contact the mediator at the telephone number or email address that is provided in the order.  Through correspondence with the mediator you will schedule a  remote mediation session or a date, time, and place to meet.  At the mediation session:

• The mediators introduce themselves and explain the mediation process.
• Participants introduce themselves.
• The mediators review the Agreement to Mediate, ask all participants to sign it, and answer questions.
• Participants identify the issues to be discussed. 
• Mediators help participants come up with solutions that work for everyone.
• Mediators summarize resolved issues.

What Do The Participants Do?

Even if the court ordered you to attend mediation, it is not like a court hearing.  It’s more informal than court.  It is an opportunity for the parties to share ideas, talk about concerns, and try to find solutions together.  To help the mediation progress smoothly, participants may want to consider the following:

• Speak honestly about issues important to you.
• Be willing to listen carefully to others.
• Try not to interrupt.
• Be willing to consider new ideas.
• Help create solutions to problems.
• Try to talk about one issue at a time.
• Think about what will work now and in the future.

Do I Have To Participate If I Have Already Been To Mediation?

The Magistrate or Judge can order you to attend another mediation session if they feel that it would be beneficial to you.

What Information Might Be Useful?

 Information that you may want to share in the mediation includes:

• What are your family’s strengths?
• What kind of help do you need?  (employment, housing, daycare, transportation, etc.)
• Are you working or going to school?
• What is your schedule?
• Are there family members or friends that can offer help?
• Does your child have any special needs or interests?
• Do you have any suggestions for services that you or your children need?  Why do you think you need those services?
• Are there any family traditions observed on holidays?

What Will We Talk About In Mediation?

 Participants decide what they want to discuss.  Some issues you might discuss include:

• Child Access
• Holiday Plans
• Summer Schedule Plans
• School/Daycare Issues
• Decision Making
• Organized Activities
• Emergency Contacts

 What Is Confidential In Mediation?

The mediation session is confidential.  Nothing said during the mediation may be repeated or used in a court proceeding.  No one can ask the mediator or anyone else present during the mediation session to testify in court about what was discussed in the mediation. 

There are exceptions to confidentiality:

• New allegations of child abuse or neglect.
• Threats of harm to oneself.
• Threats of harm to another person.
• To state or to defend against claims of mediator misconduct or negligence.
• Written agreements reached during mediation may be presented to the court.

Talk to your attorney about what information you want to share in the mediation session.