Mediation is an alternative dispute resolution (ADR) system that continues to gain steam in business, family law and community dispute settings. Our firm is a strong proponent of agreements that draw people to consensus, spare feelings and legal fees, and resolve conflicts between parties that may not have started out seeing eye to eye. But does mediation always work?
Going to court is stressful and expensive and outcomes can be uncertain, regardless of the facts. Mediation presents the court with a finished agreement that only needs approval. We regularly mediate commercial, personal injury and divorce matters to help people achieve results suited to their real needs. In a divorce matter, properly mediated agreements contain ideas from both parties to ensure there is no loser. Further, this process creates techniques for couples to return to in the future should disputes arise.
The success of mediation depends largely on the willingness of parties to agree on common goals and work together with a mediator to find a successful way to reach those goals. Mediation is not a high-pressure setting. No agreements are required and mediators do not take sides.
That said, there are contributing factors to failure in any ADR setting, including:
- Participants who are unable to move beyond their own view or never intended to commit to the process of compromise
- Lack of sufficient information to lend context to discussions and decisions
- Late or improper disclosure of assets, liabilities and demands that can quickly undermine the mediation process
- An impasse that cannot be broken using discussion and compromise
Mediation is a confidential, informal process that works for many — but not all — disputes. If interested, contact our Baltimore divorce lawyers to discuss your case. Call the law offices of Huesman, Jones & Miles, LLC in Hunt Valley, MD at (443) 589-0150 or contact us online to arrange your consultation with one of our reputable Baltimore County divorce lawyers.