Should
you go to court or mediate?
Points
to Ponder
 Consider
what could happen in court? What is
the range of outcomes? What is likely
to happen? You will either win
or lose your case.
Are
you comfortable with personal information
being discussed in public? Your case
will be an open hearing in court.
How
much time will it take and what will
it cost to go to trial? to appeal
a verdict? to resolve a countersuit?
While the court makes every effort
to maintain a schedule, delays may
occur.
How
difficult will it be to collect a
judgment? The court does not collect
a judgment. It is your responbility
to collect.
Will
a favorable verdict resolve the underlying
problem? Even if you win in court,
the problem may continue.
What
is the appropriate resolution process
to your dispute?
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A
quick comparison
What
happens in court
Cost
Court fees, possible legal fees, cost of lost work/time.
Discussion
Directed by judge.
Adversarial by nature.
Decision/outcome
Decided by judge. You win or you lose.
Privacy
No privacy; discussion is a matter of public record.
Time
Scheduled at the convenience of court. Process may be lengthy with
multiple court dates.
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What
happens in mediation
Cost
Generally free. Session may be scheduled during non-work hours or at
convenient times.
Discussion
Directed by you and others involved.
Cooperative by design.
Decision/outcome
Decided by you and the parties involved.
Privacy
Privacy protected; discussion remains
confidential (except as defined by law.)
Time
Scheduled at a mutually agreeable time.
Resolution may involve a single session. |
What
is mediation?
Mediation is a process that recognizes conflict as an opportunity to bring
people together, clarify issues, discuss options and, if possible, reach
an agreement. It is a form of alternative dispute resolution and an alternative
to trial litigation. Mediation involves all parties in the dispute working
with a professional mediator trained in conflict resolution.
Mediation
is voluntary. All parties involved in the
dispute must agree to mediation. However,
by using mediation, parties do not give up
their legal rights. If an agreement is not
reached, parties can still go to court.
Who
are the mediators?
Mediators
come from all walks of life, with diverse backgrounds
and experiences. Every mediator receives extensive
training in conflict resolution, listening
skills and working with people.
Mediators
don’t take sides; they are trained
to remain neutral. They will not make decisions
for you, provide any legal advice or recommend
the terms of an agreement.
A
mediator is required to maintain the confidentiality
of all communications in the mediation, except
as defined by law.
Does
mediation work?
Mediation techniques have been proven effective in resolving a wide variety
of conflicts, including those involving schools, businesses, government
agencies and neighbors. In fact more than 50% of cases that go to mediation
are resolved in mediation.
Studies
have shown that agreements reached in mediation
have a higher compliance rate than other
settlements. Remember, the agreement is decided
upon by all parties involved in the dispute,
so it will more likely be a lasting solution.
Alternative
Dispute Resolution techniques have been proven
effective for resolving a wide variety of
conflicts. The concept is being successfully
used in schools, in businesses, in communities
and neighborhoods and in courts throughout
the country.
Can
I request mediation?
The District Court of Maryland partners with community mediation programs throughout the State to provide an alternative to court litigation. To find the community mediation program nearest to you, please visit Community Mediation Maryland's web site at http://www.mdmediation.org/ or call our office at
410-260-1676 or 1-866-940-1729 and we will be happy to provide you with that information.
You have nothing to lose in trying mediation. If you can’t reach
an agreement, you can still go to court.
The
District Court recognizes that many conflicts may
be better resolved through mediation or some other
alternative to litigation.
District
Court’s ADR program coordinators screen cases
that come before the Court and identifies those that
may benefit from mediation. Parties involved in these
disputes may be offered the opportunity to mediate
prior to the day of trial. Some courts may offer
mediation on the day of trial.
Participation
in the mediation program is voluntary and offers
many benefits.
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