Facing a divorce, child custody dispute, support dispute, or any form of family conflict in Maryland can be daunting and overwhelming. The time, cost, and stress necessary to bring a case before the Court can deter many.
However, before heading into a courtroom, it’s important to understand that you have options. One of the most effective and affordable alternatives to litigation is Alternative Dispute Resolution (ADR). Going to trial can be fraught with risk and while there are scenarios where that risk is necessary, a risk analysis remains an appropriate first step to deciding if ADR is right for your case. Oftentimes, ADR is an opportunity to resolve your legal issues in a private, amicable, and cost-effective way.
So, What Is Alternative Dispute Resolution in Maryland?
Alternative Dispute Resolution (ADR) refers to legal processes that help people resolve disputes outside of a trial. Common ADR methods include:
- Negotiation – where parties communicate directly (or through attorneys) in order to attempt to reach a mutually acceptable agreement regarding their disputes.
- Mediation – where parties meet with a trained and neutral individual (a mediator) who helps both parties resolve their impasse on issues such as child custody, visitation, alimony, and property division. There is only a binding agreement on issues if both parties agree to be bound.
- Arbitration – where parties agree to submit their dispute to a trained and neutral individual (an arbitrator) who renders a decision regarding a dispute that is binding upon the parties.
- Settlement Conferences – Often required by the court, these are structured negotiations facilitated by a retired judge or a magistrate.
Benefits of ADR in Maryland Divorce and Custody Cases
ADR is strongly encouraged in the Maryland family court system, and for good reason. Family cases can be some of the most emotionally charged and personal cases that go before a judge or magistrate, so the court system heavily encourages the idea of resolving a case before it is too late. Not only does an amicable resolution avoid the unpleasantness of testifying against your spouse, or about issues regarding your children, but allows practical benefits as well, including:
- Lower Costs – ADR is generally much less expensive than litigation.
- Faster Resolution – ADR will allow you to resolve your case much faster and help you avoid the months long delays associated with going to trial.
- Confidentiality – Unlike court hearings, ADR sessions are private.
- Control Over the Outcome – You and your co-parent or spouse make the final decisions about your personal life, not a judge who learned about your family dynamics only hours before ruling.
- Preserved Relationships – ADR promotes cooperation instead of conflict, which becomes especially valuable when co-parenting children, a fact of life that is a reality even after a contested trial.
When Is ADR Required in Maryland Family Court?
Pursuant to Maryland Rule 9-205, after a contested case involving child custody and visitation is filed with the court, the parties will typically be referred to mediation, unless there is a history of abuse or other serious concerns. When mediation is referred (or ordered), the Court will typically identify a mediator from a list of pre-approved certified mediators and will require the parties’ counsel to attend the mediation alongside the parties. Similarly, involving property or support issues, the Court may ask the parties if they believe that ADR is appropriate in their case and offer the opportunity for a Court-appointed mediator to serve in their case.
Is One Form of ADR Better Than Another?
Not necessarily. Every case is unique and the issues at hand may dictate what form of ADR is most appropriate. If the parties and their counsel can communicate reasonably well, then settlement negotiations can occur outside of the purview of a mediator or formal ADR processes. These types of negotiations are informal and thus lack a uniform structure but can nevertheless lead to a successful resolution of your case.
However, when difficulties exist in communication, an independent third party is the best option to communicate ideas between the two sides in the hope of a resolution.
Is ADR Right for Your Family Law Case?
ADR is a strong option for many family law matters, including divorce settlements, child custody and parenting plans, child support and alimony issues, division of marital property, or post-divorce modification actions. However, ADR may not be appropriate in situations involving domestic violence, coercion, or when one party refuses to negotiate in good faith. An experienced Maryland family law attorney can assess your case and help you determine the best path forward.
Work With a Maryland Family Law Attorney Experienced in ADR
Whether you’re going through a contested divorce or negotiating a custody agreement, ADR is the umbrella that offers you multiple options within which to help you move forward with less stress and expense. If you believe your case would benefit from ADR, contact me to discuss the pros and cons.
