HOW WE CAN ASSIST YOU IN MEDIATION

Many couples prefer to resolve issues arising out of their marriage amicably and at the least possible cost. Often they use mediation as a means to accomplish this. Our attorneys are experienced in advising clients throughout the mediation process and also serve as mediators to parties who have separate independent counsel.

Mediation is a voluntary process in which parties meet in private with a neutral person who facilitates their reaching an agreement. Mediators must retain their neutrality, and it is generally not their role to advise you of your rights or comment on the fairness of particular proposals.

The mediator often is a lawyer or mental health professional with special training in dispute resolution. Depending upon the mediator's background and education, he or she will have varying levels of expertise regarding the issues involved in divorce. Before you select a mediator, you should inquire about the mediator's training in the divorce law in your state.

We strongly urge everyone involved in mediation to have their own attorney. Our role as your attorney in mediation is:

• To assist you with understanding the law
• To develop tactics and strategies
• Analyze your options
• Suggest different and innovative approaches to issues being mediated
• Help you communicate your position to your spouse and the mediator

Our role in assisting you in mediation is even more important for people who are less involved in the family finances than their spouse or those who are unfamiliar with complex financial issues.

Throughout mediation we give advice concerning the tax consequences of domestic relations settlements and the many ways to use the tax law to the mutual advantage of both spouses. We directly participate in mediation where the parties may have a relationship which limits one party's ability to effectively participate in mediation without the assistance of a lawyer or when our assistance is needed to move mediation ahead. When an understanding is reached, we either draft or review agreements to ensure that they are consistent with your understanding of the terms agreed upon by you and your spouse.

While you will have the cost of an attorney as well as a mediator, this cost is more than offset by the benefits of being fully prepared throughout the mediation process. Furthermore, successful mediation with the assistance of counsel is much less costly than contested divorce litigation. Even in cases where mediation proves unsuccessful, you will have the benefit of having an attorney who is already knowledgeable about your case and ready to take the steps necessary to protect your interests.  Mediation may also help you reduce or limit the issues being disputed.

Our firm has a full range of experienced attorneys who practice primarily in the field of family law, with experience of as much as thirty years. Martindale-Hubbell lists our firm in its Registry of Preeminent Attorneys and gives us the highest ratings for professional ethics and competence. Our attorneys are licensed to practice in Maryland and the District of Columbia and are recognized not only in these jurisdictions but nationally and internationally for their expertise in this field.

We would welcome the opportunity to assist you in pursuing your mediation objectives. Contact us at ssh@modernfamilylaw.com or call us at (301) 657-8805.