Divorce Mediation in Maryland
Statutes Governing Mediation in Maryland
- In Maryland, divorce mediation is governed by several statutes and rules designed to facilitate the resolution of family disputes. The Maryland Rules of Procedure, particularly Rule 9-205, require courts to order mediation for cases involving contested child custody or visitation unless there is a good cause not to do so. This rule emphasizes the importance of mediation in helping parents reach an agreement on these critical issues.
- Additionally, the Maryland Judiciary’s Mediation and Conflict Resolution Office (MACRO) promotes mediation as a means to improve access to justice and provide a more amicable resolution to family law disputes.
Mandatory Mediation Requirements
Maryland courts may order mediation in divorce cases involving disputes over child custody or visitation. Mediation is typically required before the court will hear the case, encouraging parents to resolve their differences amicably and prioritize the ideal interests of their children.
How Mediation Fits into the Divorce Process
Mediation in Maryland is typically initiated after the filing of a divorce petition. The court may refer the case to mediation, where a neutral mediator assists the parties in negotiating agreements on key issues. If the parties reach an agreement, it is submitted to the court for approval and incorporated into the final divorce decree. If mediation is unsuccessful, the case proceeds to trial.
Frequently Asked Questions
Is divorce mediation required in Maryland?
Yes. Under Maryland Rule 9-205, courts are generally required to order mediation in cases involving contested child custody or visitation, unless there is good cause not to do so—such as a history of domestic violence. This requirement highlights the state’s preference for resolving family disputes amicably through mediation before proceeding to trial.
What laws govern divorce mediation in Maryland?
Divorce mediation in Maryland is primarily governed by the Maryland Rules of Procedure, especially Rule 9-205, and supported by the Maryland Judiciary’s Mediation and Conflict Resolution Office (MACRO). These rules and programs ensure mediation is conducted fairly, confidentially, and with the goal of promoting cooperation between parties.
When does mediation occur during the Maryland divorce process?
Mediation usually takes place after a divorce petition is filed and before the case goes to trial. The court may refer the parties to mediation to negotiate issues like custody, visitation, or property division. If an agreement is reached, it’s submitted to the court for approval and becomes part of the final divorce decree.
What issues can be resolved through divorce mediation in Maryland?
In Maryland, mediation often focuses on child custody, visitation schedules, and parenting plans. However, couples can also use mediation to address property division, spousal support, and other family-related disputes, provided both parties agree to do so. The goal is to reach fair, voluntary resolutions without court intervention.
What happens if mediation doesn’t resolve the issues?
If mediation does not result in an agreement, the case proceeds to trial, where a judge will make the final decisions. However, even if mediation is only partially successful, any agreements reached can still be presented to the court and incorporated into the final divorce order.