When families are in conflict, mediation may be the ideal way to resolve problems, particularly in regard to finances and children. Interestingly, over the past twenty years, Maryland courts have adopted rules to require litigants in custody disputes to participate in mediation. Typically, Maryland courts order litigants with a dispute involving their children to participate in a Parenting Seminar and to attend a minimum of two sessions of formal mediation with a certified mediator who has completed extensive training required by the courts.
Why do courts order mediation and what can we learn from this? Disputes related to families are associated with about one half of all civil cases. Moving these cases along efficiently is certainly one goal of our courts. Mediation is a tool that has been shown to help people resolve their differences by creating a safe environment to speak openly and clearly. It is also not unusual in mediation to uncover the source of a problem that really is not something that courts can address. Mediation often is less expensive that a litigated case that goes to trial. Mediation may lead to an agreement that is durable and mutually acceptable simply because the parties came to their own conclusions and a court did not impose a result. In such instances, the likelihood that the parties will return to court is reduced.
I think that the courts are really on to something!