What is online child access mediation?
Online child access mediation is a method for parties involved in a family dispute to resolve their dispute by meeting virtually through the Judiciary’s application with a neutral, impartial individual who helps to facilitate communication. Online child access mediation covers only custody and visitation issues. When you are referred to online child access mediation, the court will refer you to a trained family mediator.
During the online mediation sessions, you and the co-parent of your child(ren) learn about the process of mediation and then discuss the various issues upon which you do not agree. The mediator will guide the discussion, but any agreements that are reached come through your suggestions and your willingness to come to an agreement.
How does online child access mediation begin?
The court will refer you to online child access mediation and set up a case in the MDOR application. You will receive an email asking you to join the MDOR application. Once both parties have accepted the invitation to join the MDOR application, a mediator will be assigned who will contact both parties about scheduling a mediation session.
Both parties will be present for mediation through the MDOR application. Communication will be guided by the mediator. Parties are encouraged to express their thoughts on decisions which need to be made regarding child access issues during this time of family change. Areas of agreement are noted. Areas of disagreement are clarified, and options are discussed.
What is the goal of online child access mediation?
The primary goal of mediation is to give you and your co-parent the opportunity to make major decisions for your children before allowing the court to take over that responsibility. As your child's parents, you are considered by the court to know best what is in your child's best interest. You and your co-parent are the only individuals who can come up with a solution to this problem which fits the specific needs of your family. Mediation is much more likely to provide that opportunity than a hearing before the court and a judge who does not know your family.
Should you prepare for the mediation session?
Yes, you should take time to think about a solution to custody and visitation issues which will benefit your child(ren) and the needs of both parents. Review the Maryland Parenting Plan Tool to help you think about issues that come up often in custody and visitation disputes. A lasting and successful resolution to child access issues will be one that everyone can live with and meets the needs of the children.
What happens if mediation is successful?
If you and your co-parent reach an agreement, the mediator will prepare a Parenting Plan and Settlement Agreement for your signature. If you have an attorney, your attorney will help you review the plan. After both parties sign the agreement, the parties will need to complete a Petition for Custody or Visitation and an Answer and file all documents with the Circuit Court’s Clerk’s Office. The Court will review all documents. If acceptable, a court order will then be issued incorporating the plan into an order and thereby making it enforceable by the court.
What happens if mediation is not successful?
It is always best to come to as many agreements as possible for your family. This assures that the court will not make a decision that will not fit with your family dynamic. Even if you cannot come to a complete agreement, try to identify and agree to as many items as possible. What remains at conflict by the end of your mediation session is left for the court to decide. The mediator will inform the non-custodial party to file a Petition for Custody or Visitation. Assistance with completing those forms and completing service on the other party is available at the Court’s Family Help Center.
More Information on How to File for Custody
For more information on how to file and answer a complaint for custody, you can read about it here.
Or watch a video about it here.
More Information on Parenting Plans
For more information on Parenting Plans, you can read about it here.
Or watch a video series about it here.
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