Maryland Mediation Forms - Maryland Mediation Document

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Mediation Forms FAQ Maryland Legal Mediation

What is mediation? 

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.

Who decides a case in mediation? 

The mediator helps each person evaluate their needs and goals for reaching a solution. All decisions are made by the parties, not the mediator. A mediator may be selected by the parties based upon a recommendation by a friend, attorney, therapist, or another professional. Mediators are also listed in the yellow pages. Courts will often provide a list of mediators. In some situations, a list of approved mediators is provided to select from.

Most mediators receive formal classroom-style training. Some participate in apprenticeships or in mentoring programs. While training alone does not guarantee a competent mediator, most professional mediators have had some type of formal training. Important considerations in selecting a mediator include, among others, fee structure, his or her number of years of mediation, the number of mediations conducted, and types of mediations conducted.

When is mediation used? 

Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

The Federal Mediation and Conciliation Service (FMCS) has primary responsibility is to mediate collective bargaining negotiations, and to otherwise assist in the development of improved workplace relations. It does not handle unfair labor practices or elections under the National Labor Relations Act, nor does it interpret or enforce any statutes or regulations governing notice requirements or labor relations.


What is an Arbitration Agreement?

An arbitration agreement is a legal agreement between two parties that states any disputes or disagreements between them will be resolved through arbitration instead of going to court. In Maryland, an arbitration agreement is a valid and enforceable contract as long as it follows certain requirements outlined by the state's laws. This means that if you sign an arbitration agreement in Maryland, you are agreeing to use arbitration to settle any future disputes instead of going to court. It is important to understand the terms of the arbitration agreement before signing it, as it may limit your rights to take legal action in the future.


How Does Arbitration Work in Business?

Arbitration is a way for businesses to resolve disputes outside traditional court systems. In this process, both parties agree to have a neutral third party, called an arbitrator, listen to their arguments and make a decision. The arbitrator's decision is usually binding, meaning that both parties have to accept and comply with it. In Maryland, arbitration works similarly to other states, with a few specific rules and regulations. For example, the Maryland Uniform Arbitration Act governs arbitration proceedings in the state, outlining the procedures and requirements. This act ensures that arbitration is a fair and efficient method of resolving business disputes in Maryland.


How Do Arbitration Agreements Work?

Arbitration agreements are contracts that state disputes will be resolved through arbitration, a process where a neutral third party listens to both sides and makes a decision. In Maryland, these agreements can be included in various contracts like employment or consumer agreements. Basically, when you sign a contract with an arbitration agreement, you agree to give up your right to go to court for any disputes covered by the agreement. Instead, you have to go through arbitration. This can be good because it is often faster and less formal than court proceedings, but it also means you can't have a judge or jury decide your case. It's important to carefully read and understand arbitration agreements before signing them, particularly in Maryland where specific laws may affect their enforceability.


Is an Arbitration Agreement Right for You?

If you're wondering whether an arbitration agreement is suitable for you in Maryland, it's helpful to consider a few factors. An arbitration agreement is essentially a contract that states any disputes or conflicts between parties will be resolved through arbitration instead of going to court. Depending on your circumstances, an arbitration agreement might be advantageous or not. It can offer benefits like cost savings, privacy, and a faster resolution process compared to litigation. On the other hand, it may limit your ability to appeal a decision, restrict discovery, and potentially favor the party with more resources. Ultimately, the decision rests on your specific situation and preferences, so it's important to carefully assess the pros and cons before entering into an arbitration agreement.


What Does this Agreement Mean for Signatories?

When signatories agree to a document, it means they are all on the same page and have committed to follow the terms laid out in that agreement. In Maryland, this agreement holds significance as it provides a clear and binding understanding between the parties involved. It ensures that everyone understands their responsibilities and obligations, and also helps in resolving any potential conflicts by referring back to the agreed-upon terms. By signing this agreement in Maryland, the signatories are legally bound to fulfill their commitments, fostering transparency and trust in their relationships.