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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 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 parties involved.
Privacy
Privacy protected; discussion remains
confidential (except as defined by law.)
Time
Scheduled at mutually agreeable time.
Resolution may involve a single session.
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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 Maryland Association of
Community Mediation Centers (MACMC). You may request
mediation by contacting MACMC, who will help you
decide if mediation is appropriate. MACMC will
refer you to a local program who will contact
all parties involved to discuss possible mediation
and make necessary arrangements.
For information, contact MACMC
at:
(410) 349-0080
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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