 Why would I want to go to mediation?
Mediation is an opportunity to manage conflicts differently. Agreements reached by the parties themselves are far more likely to be satisfying and lasting solutions than those imposed upon the participants by others.
Am I eligible for mediation?
Anyone can request mediation services. There are three Community Mediation Centers in Southern Maryland. They are located in Calvert, St. Mary's and Charles Counties.
What happens if the other party is unwilling to mediate?
Mediation is completely voluntary. No one will be forced to participate. Center personnel will be available to talk with the other participant and explain mediation in more detail, to make sure they understand what mediation offers.
What cases are appropriate for mediation?
Center mediators assist individuals in neighbor conflicts, landlord-tenant issues, group and organizational conflicts and family care decisions for elderly adults. Mediators also provide alternative dispute resolution service to individuals participating in Calvert County District Court cases. They assist in a wide range of legal actions, including unpaid accounts, deposits and claims for damages.
How does mediation work?
Mediation brings people in conflict together in a comfortable and safe setting. With the help of mediators, you can discuss issues and talk about your concerns. They will help you talk to each other to clarify goals, gather information, and identify options. It is up to you to decide what will meet your needs as you manage the conflict. What is discussed with the mediators is kept private and confidential. In mediation, you - not the mediator - control the decisions and the outcome.
Where are mediations held?
Mediations are held at held at a place and time that is convenient for the participants. Mediations are routinely held at the Patuxent Friends' meeting house in Lusby (southern end of County), the Phillip's House in Prince Frederick (central County) and All Saints Episcopal Church in Sunderland (the northern end of the County). There are also other sites available for mediations, if these sites are not convenient..
When can mediations be scheduled?
Center personnel will attempt to schedule mediations at times convenient to the parties involved. Day of trial mediation at the District Courts are held in accordance with court schedules.
How much will a mediation cost?
The Center's mediation services are free of charge.
How long does a mediation take?
Mediation sessions generally take less than two hours. That is usually sufficient for parties to come to resolution or decide that other forms of support are more appropriate. Follow-up sessions, if required, may also be scheduled.
Who are the mediators?
The Center's mediators are trained volunteers that represent many segments of our Southern Maryland community. All are interested in helping to build a better and more peaceful community and have received formal training in the mediation process.
What are the qualifications of the mediators?
Volunteer mediators complete 40 hours of formal syllabus, followed by continuing training, including supervised internship and ongoing peer review support.
How can I be sure that the mediators will be impartial?
The mediators make every effort to be impartial. The mediation process is based upon the concept that the mediator is not the judge or jury of mediation. Their opinions do not shape the result of mediation. In mediation, you - not the mediator - control the decisions and the outcome.
What happens if I know one of the mediators?
If there is any potential conflict of interest, the mediator will step aside and ask another to take his or her place.
What are the rules of mediation?
While the mediators will assist participants, conduct of the actual mediation is left largely up to the participants. It is up to you to decide what will meet your needs as you manage the conflict.
Is mediation confidential?
Yes. What is discussed with the mediators is kept private and confidential. Mediators may not be called into subsequent legal action to testify on behalf of either party.
English is my second language. How can I ensure that I will know what's going on?
The center does not have resources to provide professional interpreter services. Participants are welcome to bring friends, family members or professional interpreters to assist them in communication.
May I bring a friend, family member or other representative to support me in the mediation?
Personal representatives or supporters are welcome in the mediation process, as long as all parties agree. The parties must reach agreement with regard to how other participants will be allowed to contribute to the discussion.
If I have an attorney, may I bring him/her with me?
Attorneys are welcome in the mediation process, as long as all parties agree. The parties must reach agreement with regard to how they will be allowed to contribute to the discussion.
What happens if I change my mind and want to stop the mediation process?
Mediation remains voluntary at all times. Participants are free to discontinue the process and leave at any point.
Are the mediators' decisions final?
Mediators do not make decisions for the participants. They will help you talk to each other to clarify goals, gather information, and identify options. It is up to you to decide what will meet your needs as you manage the conflict.
Will there be a written agreement, if a settlement is reached?
Mediations customarily result in a written agreement. The parties may write the agreement up themselves or they may ask the mediator to assist. Any written document will be read and discussed by all parties to assure agreement before signature.
Are the agreements reached in mediation binding?
Written agreements are binding in the same sense that any contract between individuals is binding.
If we reach an agreement in mediation, do we still have to appear in court?
Agreements reached in Day of Trial mediations will be brought before the District Court judge for disposition of the court case. Agreements reached in other mediation settings (neighbor conflicts, landlord-tenant issues, group and organizational conflicts and family care decisions or Prior to Day of Trial court referrals) do not require court appearance.
What happens if the judge doesn't agree with the settlement reached in the mediation?
As long as there is no criminal action involved, the judge will honor agreements arrived at through mediation.
How often is mediation successful? Is it worth my time?
An hour or two of effective communication is never time wasted. 85% of people who use mediation improve their situation.
This sounds like a good idea. How do I arrange a mediation? Contact Anne Mychalus below.
|
