Tips to Improve the Odds of a Settlement in a Maryland Mediation

Published on
October 7, 2024
Written by
Angel Murphy, Esq
Category
Divorce

Mediation provides a convenient and, in many cases, cost-effective alternative to traditional litigation. When parties mediate, they agree to at least attempt to resolve their disputes with the assistance of a qualified “mediator,” someone who is trained to facilitate the settling of disputes as an outside third-party. In the State of Maryland, mediation is becoming an increasingly popular method to settle issues; this is actually true in many other jurisdictions throughout the country.

Not only does mediation offer a cost-effective route as compared to traditional litigation, it's also relatively hassle-free. There is typically less stress involved when parties try to resolve issues via mediation over traditional litigation. However, although mediation obviously has its benefits, not all parties who undertake mediation end up achieving a settlement. There are things parties can do to improve the odds of achieving a successful settlement – i.e. a settlement which is workable for all people involved.

Let’s go over a few of the key things parties can do to improve their odds of attaining a mutually agreeable settlement in mediation.

Enter Mediation with Realistic Expectations (on Outcomes)

One tip which can be very helpful is to always approach mediation with “realistic expectations” regarding the most probable outcomes. Sometimes, when parties enter mediation, they assume that mediation is a sort of “express ticket” to an ideal outcome; they expect the best possible results on all unresolved issues, and this simply isn’t a realistic or reasonable expectation to have. You need to approach mediation with a “spirit of compromise” if you want to put yourself in place to resolve all disputes. In all likelihood, you will need to compromise in certain areas, such as custody or property division, in order to reach a settlement. Unreasonable expectations very often lead to litigation.

Discuss Issues with Your Attorney Before Mediation

Another useful tip is to discuss all unresolved issues with an attorney before mediation starts. Even though mediation is outside the court environment, parties nearly always have an attorney during the process. Going through the mediation process in a solo manner does happen, but it is not advised. Consulting with an attorney both before and during the process will confer numerous benefits; one of the main benefits of consulting with an attorney before the process begins is to avoid unpleasant surprises. Discussing issues beforehand will also help to ensure that you’re adequately prepared; you will need to prepare for all unresolved issues – which includes gathering documents, other evidence, etc. – and pre-mediation discussions can be useful toward this goal.

Prepare Yourself for the Time Commitment of Mediation

Another helpful tip is to get ready for the time commitment which is involved with mediation. Many parties think that mediation is always extremely quick and easy, but this isn’t always the case. Mediation is rarely able to resolve all issues in the span of 1–3 hours, and commonly requires a full professional day (i.e. 8 hours). Of course, the exact time requirement depends ultimately on the specifics of the case, as more complex cases will inevitably demand more professional time. As a general matter, something which parties can do to help themselves prepare is to avoid “overly generous” expectations or predictions with respect to time.

Contact the Murphy Law Firm Today for More Information

If you would like to learn more about settlements in mediation in Maryland, mediation in general, reaching settlements, or another related topic, contact one of the family law attorneys at the Murphy Law Firm today by calling 420-219-5243.

Angel Murphy

Personable. Passionate. Persistent.

mediation | Maryland family law | settlement negotiations | dispute resolution | realistic expectations | attorney consultation | family law attorney | compromise in mediation | time commitment | Murphy Law Firm

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