Should
you go to court or mediate?
Points
to Ponder
 Consider
what could happen in court? What is the range of
outcomes? What is likely to happen? You
will either win or lose your case.
Are
you comfortable with personal information being
discussed in public? Your case will be an open
hearing in court.
How
much time will it take and what will it cost
to go to trial? to appeal a verdict? to resolve
a countersuit? While the court makes every effort
to maintain a schedule, delays may occur.
How
difficult will it be to collect a judgment? The
court does not collect a judgment. It is your
responbility to collect.
Will
a favorable verdict resolve the underlying problem?
Even if you win in court, the problem may continue.
What
is the appropriate resolution process to your
dispute?
A
quick comparison
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What
happens in court
Cost
Court fees, possible legal fees, cost of lost work/time.
Discussion
Directed by judge.
Adversarial by nature.
Decision/outcome
Decided by judge. You win or you lose.
Privacy
No privacy; discussion is a matter of public record.
Time
Scheduled at the convenience of court. Process may be lengthy with
multiple court dates. |
What
happens in mediation
Cost
Generally free. Session may be scheduled during non-work hours or
at convenient times.
Discussion
Directed by you and others involved.
Cooperative by design.
Decision/outcome
Decided by you and the parties involved.
Privacy
Privacy protected; discussion remains
confidential (except as defined by law.)
Time
Scheduled at a mutually agreeable time.
Resolution may involve a single session. |
What
is mediation?
Mediation is a process that recognizes conflict as an opportunity to
bring people together, clarify issues, discuss options and, if possible,
reach an agreement. It is a form of alternative dispute resolution and
an alternative to trial litigation. Mediation involves all parties in
the dispute working with a professional mediator trained in conflict
resolution.
Mediation
is voluntary. All parties involved in the dispute must
agree to mediation. However, by using mediation, parties
do not give up their legal rights. If an agreement is
not reached, parties can still go to court.
Who
are the mediators?
Mediators
come from all walks of life, with diverse backgrounds and
experiences. Every mediator receives extensive training
in conflict resolution, listening skills and working with
people.
Mediators
don’t take sides; they are trained to remain neutral.
They will not make decisions for you, provide any legal
advice or recommend the terms of an agreement.
A
mediator is required to maintain the confidentiality
of all communications in the mediation, except as defined
by law.
Does
mediation work?
Mediation techniques have been proven effective in resolving a wide variety
of conflicts, including those involving schools, businesses, government
agencies and neighbors. In fact more than 50% of cases that go to mediation
are resolved in mediation.
Studies
have shown that agreements reached in mediation have
a higher compliance rate than other settlements. Remember,
the agreement is decided upon by all parties involved
in the dispute, so it will more likely be a lasting solution.
Alternative
Dispute Resolution techniques have been proven effective
for resolving a wide variety of conflicts. The concept
is being successfully used in schools, in businesses,
in communities and neighborhoods and in courts throughout
the country.
Can
I request mediation?
The District Court works with mediation programs
throughout the state to provide an alternative to court litigation.
One such program is the Community Mediation Maryland (CMM).
You may request mediation by contacting CMM, who will help
you decide if mediation
is appropriate.
CMM will refer you to a local program who will contact
all parties involved to discuss the mediation and make necessary
arrangements.
For
information, contact CMM at:
410- 553 - 0206
Website: http://www.mdmediation.org/
You have nothing to lose in trying mediation. If you can’t reach
an agreement, you can still go to court.
The
District Court recognizes that many conflicts may
be better resolved through mediation or some other
alternative to litigation.
District
Court’s ADR program coordinators screen cases
that come before the Court and identifies those
that may benefit from mediation. Parties involved
in these disputes may be offered the opportunity
to mediate prior to the day of trial. Some courts
may offer mediation on the day of trial.
Participation
in the mediation program is voluntary and offers
many benefits.
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