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FAQs - Mediation
What does a mediator do?
A Baltimore Mediation mediator works on behalf of all participants present
to have quality discussion to achieve greater clarity and understanding
of a situation and to reach the goals of mediation. The mediator listens
to the issues of concern, provides summaries and asks questions to help
participants work with each other to decide the appropriate solution.
The mediator promotes informed decision making and better understanding
of the issues, what is important to all those participating and the possible
choices. The mediator does not take sides, make judgments, assess blame,
or tell participants what to do. When participants are given the opportunity
and assisted with quality interaction, informed decision making and workable
solutions are natural byproducts.
Baltimore Mediation mediators follow a transformative approach to mediation
and follow the international Association of Conflict Resolution’s
ethical Standards of Practice for Mediators.
What happens if we come to agreement?
When agreements are reached during mediation sessions, the mediator can
prepare a memorandum of understanding or a more formal legal agreement
signed by the participants such as a Release and Settlement Agreement
in litigated civil and commercial matters or a Voluntary Separation and
Property Settlement Agreement in divorce matters.
Another document participants can request is a written summary that documents
the important issues, options, and tentative agreements of the session.
This is often useful for any workplace mediation, group facilitation,
or as a tool for participants to review in preparation for the next mediation
session in the event of more than one session.
What happens if we begin to mediate and then one of the partcipants
decides the process is not working for them?
Mediation is voluntary. It is requested that if any participant wants
to stop mediating that they state such intention at a mediation session
in order for all participants to have clarity and understanding of the
barriers contributing to ending the mediation. It may also be that, with
the help of the mediator, the participants may find a solution that will
allow all to participate in a satisfactory and meaningful way.
Will I need an attorney if I choose mediation?
Not necessarily. While you are encouraged to consult with any outside
resources with whom you so choose in order to make fully informed decisions,
whether legal counsel or otherwise, it is not mandatory. Other resources
could include attorneys, financial planners, accountants, realtors, therapists,
physicians, labor respresentatives, spiritual advisors and others or any
combination.
Is mediation really confidential?
Yes. With the exceptions of child and elder abuse and threats of physical
violence in a mediation, what is discussed in a mediation sessions is
“mediation communication” and is confidential under both state
and federal court rules. It can neither be used against nor for any participant,
and the mediator will not divulge or testify for or against any participant.
Additionally, all participants are asked to sign an Agreement to Mediate
indicating their understanding of the process, including confidentiality.
Confidentiality also extends to information transmitted electronically,
such as email. The purpose of confidentiality is to promote full discussion
of all relevant issues and exploration of multiple as well as standard
and outside the norm possibilities for the most appropriate resolution
within the context of each situation.
How long do mediation sessions last?
Length of mediation sessions can vary. Generally, we recommend setting
aside three hours per session whether it is a commercial matter or a family
matter. Most commercial matters are concluded in one session. Most non-divorce
family matters and most workplace matters are concluded in one session
or two. Most separation and divorce or business partner separation matters
are concluded in three to six sessions. In the case of multiple participants
mediations, such sessions are often a series of half days or full days.
How many sessions does it usually take for separation/divorce
issues to be resolved?
It depends on the family. Two years ago, Baltimore Mediation researched
1800 of its family mediation cases and found that the average number of
sessions was 3-6 plus an additional session for reviewing the written
Voluntary Separation and Property Settlement Agreement. See also above,
“How long do mediation sessions last?”
How much does it cost?
Fees are based on an hourly rate, payable at the end of each session and
unless otherwise arranged, shared by the participants at the session.
If there is a summary or agreement to be written, it is at the same hourly
rate. The number of mediation sessions needed is always in the control
of the participants. At the conclusion of the decision making sessions
where a written agreement is requested, the Baltimore Mediation mediator
will estimate the cost for drafting any document for review.
Where do the sessions take place?
The main office of Baltimore Mediation is in Roland Park in Baltimore,
Maryland. There are satellite offices in Towson, Ellicott City, and Ocean
City. Workplace mediations can be held either at Baltimore Mediation,
on-site at the company, or arranged off-site at a location that can provide
privacy and confidentiality. Baltimore Mediation mediators provide mediation
services for clients throughout the country from coast to coast as well
as abroad.
Does Baltimore Mediation have evening and/or weekend hours?
Yes. While most mediations are scheduled between 9:00am and 5:00pm, mediations
may be arranged after 5:00 p.m. weekdays. To accommodate multiple participants
traveling from out of town, we can also arrange Saturday mediations if
necessary.
If this is a family mediation, may we bring our children to the
session?
Not usually, but it depends. We encourage parents to talk to their children
throughout the process regarding their input, if any, on particular parenting
options so long as the child is not placed in the position of having to
decide nor of choosing one parent over the other. It is rare that young
or older children would be included in a Separation or Divorce mediation
unless the child was represented by a Guardian ad Litem or had their own
attorney. On the other hand, it is common and encouraged in Separation
and Divorce Mediation that older children be invited to participate in
a final mediation session after parenting decisions have been made as
a way to tangibly model for children cooperation between the parents and
to allow for questions and concerns to be addressed in the presence of
the mediator who can assist the family with quality dialogue. This decision
to include children in a final mediated session is up the parents. Otherwise,
children are usually not included in decision making sessions unless the
conflict is between the parents and the child, as in Parent-Teen Mediation.
If this is a commercial mediation or a litigated case, may we
bring legal counsel or other advisors to the session?
Usually yes, but it depends. We encourage participants, whether businessmen
and women, contractors, physicians, business partners or others involved
in the dispute, to consult with legal, financial and other counsel of
their choosing before and throughout the mediation process. It is each
participant’s choice to have a legal or other advisor present in
the mediation with them or not. It is not mandatory, and indeed is unusual
that legal, financial or other experts or advisors accompany the participants
in non-litigated disputes, even though each participant is always welcome
to bring one person with them so long as written notice at least 48 hours
in advance is provided to both the mediator and the other participants.
On the other hand, for those matters that are in litigation, it is common
and expected that legal counsel and often a risk manager or insurance
representative, when appropriate, will participate in the mediation session
in addition to the named parties, unless counsel for both parties prefer
not to attend, believe it would be best not to attend, or in the event
only one party is represented by counsel. Again, it is up to the participants
and their attorneys who attends in addition to the parties themselves.
All who participate in the mediation are included in the mediator confidentiality
provision.
If this is an employment or workplace matter, may we bring a co-worker
or union representative or other person with us to the session?
Usually yes, but it depends. We encourage managers and employees to consult
with legal, financial, union, company executives, EAP and other counsel
of their choosing before and throughout the mediation process. It is each
participant’s choice to have an advisor or support person present
in the mediation with them or not. For most non-litigated workplace mediations,
the only persons present are the two participants and the mediator. It
is not mandatory, and indeed is unusual that legal, financial or other
experts or advisors accompany the participants in non-litigated workplace
disputes, except in the event of union representation, even though each
participant is always welcome to bring one person with them so long as
written notice at least 48 hours in advance is provided to both the mediator
and the other participants. On the other hand, for those employment matters
that are in litigation, it is common and expected that legal counsel will
participate in the mediation session, unless counsel for both parties
prefer not to attend, believe it would be best not to attend, or in the
event only one party is represented by counsel. Again, it is up to the
participants and their attorneys who attends in addition to the parties
themselves. All who participate in the mediation are included in the mediator
confidentiality provision.
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