Divorce and Custody Mediation Services

Mediation is a confidential, non-adversarial process that allows parties to negotiate a resolution to their dispute rather than having a resolution imposed upon them by a court order. It is considered non-adversarial, and it is done outside of the courtroom. There are many benefits of pursuing mediation, including the element of privacy it provides and the opportunity to reach a resolution for your family without the same cost and complexity of litigation. Mediation also allows parties to have a more controlled say in the outcome of the process, as well, whereas following trial, the court has the final say.

What Is Mediation?

Mediation typically involves the two parties, their attorneys, and the mediator. In Maryland, at a minimum, mediators must undertake 40 hours of training to qualify for their unique role. Depending on the interests and comfort of the parties, mediation can take place in person or on Zoom, and the parties are often set up in different rooms with the opportunity to speak privately with their attorney. They can then express their wants, needs, interests, and concerns to the mediator, who will then speak to the other side about their position. The goal of this process is to reach as peaceful a resolution as possible, going back and forth in communication to compromise in an attempt to reach resolution.

It’s important to know that though there are many benefits to mediation, it is not for everyone. Families that have had to contend with domestic violence are often screened out of the mediation process in order to safeguard the best interests of survivors. Mediation also requires both parties to be interested in reaching a respectful resolution outside of trial: it cannot successfully be sought by one side alone.  

Another important factor is that the mediator does not have the same power as the court. Their goal, as a neutral facilitator, is to help you and the other party reach a settlement that will then be incorporated into a court order.

Some people also wonder if their mediator can provide them with legal advice: the answer is no. While many mediators in Maryland are also practicing lawyers or retired judges, when they are serving the role of mediator, they are not there as your lawyer. This is why it can be especially beneficial to retain your own experienced counsel, ideally who has also been trained in the mediation process, who can protect your interests while also advising you through the negotiation.

Representation and Preparation for Mediation 

Parties involved in divorce or child custody proceedings are regularly ordered to participate in mediation to attempt to resolve the matter. As part of representation for a divorce or custody matter, we will help you prepare for court-mandated or private mediation and represent your interests during the mediation process.  

Mediator Monica L. Scherer, Esq. 

Monica L. Scherer, senior partner and head of Silverman Thompson’s family law department, is trained as a civil and child custody mediator and serves as a mediator for family law matters. As an experienced family law attorney and skilled mediator, Ms. Scherer facilitates productive discussions between parties using her expertise in family law and mediation techniques.