A Brief Explanation of Mediation and Child Custody in Maryland

Child custody disputes are often among the most contentious issues in divorces. Two parents who are already at odds may be unable to come to a sensible agreement about child custody on their own. Mediation is an alternative dispute resolution method that can help parents come to a workable solution regarding child custody and parenting time agreements on their own.

Mediation involves a neutral third-party mediator who facilitates the two parties in finding common ground, and creating a child custody arrangement that is in the best interest of the child. The mediator guides the parties as they work through disagreements and issues of conflict, and encourages productive discussions that help them achieve their goals. The goal is to guide the parties in ways that allow parents work together to resolve the differences between them, and come to an agreement on their own.

The court can designate a mediator from a list of qualified professionals who are employed by the courts, or they can refer private party mediators who are qualified and have experience with child custody mediation. If you and your spouse recognize that things are not going well, you may wish to choose a mediator yourselves.

What are some of the benefits of mediation?

If both parties are truly invested, mediation can help ease much of the frustrations and anxiety parents feel. If you and your co-parent are more at ease, your children are more likely to relax, too. Other benefits include:

• Being able to fully explain why you want custody
• Being able to truly listen to your spouse’s concerns
• Creating arrangements that work for your unique situations
• Addressing lingering concerns over holidays, time spent with other family members, family vacations, and other special occasions

In short, if both parents come to the table wanting what is best for their children, and willing to talk about what they want, both parties may feel more in control of their own lives.

How much does mediation cost?

In Maryland child custody mediation, each party has their own family law attorney. Parties can also attend mediation without attorneys but the mediator will advise each party to have the agreement reviewed by his or her own attorney. If mediation was ordered by the court, it may waive the mediation fee. The court may order one party to pay the cost of mediation or appoint both parties to share the cost, which is based on an hourly fee or a flat fee agreement with the mediator.

Mediation is not always appropriate in child custody cases

For mediation to be effective, both parties must voluntarily participate, and both must contribute to the process. If one party is or has been abusing the other or the child in question, this creates an unhealthy dynamic where the abusing party might assert undue influence because the abused party is afraid of them. If you are being abuse, you may petition for a protective order from the court in Howard County.

Mediation may not work in highly-contested divorces, either. When one parent (or both) has dug his or her heels in, or is willing to use the children as a bargaining chip, the process will break down.

At McCabe Russell, PA, we know that our clients want what is best for their children. Mediation can help facilitate a more peaceful transition into a new life, for clients and children alike. When it does not, however, our team of experienced litigators can help you protect your family. Please call 443-812-1435 or fill out this contact form to schedule a consultation with an experienced Fulton family law attorney from our office. We also maintain offices in Bethesda, Rockville and Columbia.