At Leffler, Bayoumi & Oliver, LLC, our trained mediators assist clients in resolving a wide range of matters, including divorce and family-law disputes, parenting issues, financial disagreements, and other civil conflicts. Mediation often provides a more efficient, cost-effective, and private alternative to litigation, while also reducing emotional strain and preserving relationships whenever possible.
Our approach is thoughtful and balanced. We guide discussions, help clarify legal and practical considerations, and work to move negotiations toward durable resolutions that allow everyone involved to move forward with confidence.
How Mediation Works
The mediation process follows a structured yet flexible framework designed to help the parties work toward practical, durable agreements. The first session often focuses on explaining the ground rules of mediation, identifying the issues to be addressed, and beginning the exchange of relevant information, such as financial disclosures or parenting concerns. From there, the mediator facilitates discussions in joint sessions where participants can raise concerns, explore options, and negotiate potential solutions in a guided and respectful setting.
When helpful, the mediator may also meet privately with each party in separate sessions, known as caucuses, to discuss positions, clarify priorities, and explore possible resolutions confidentially. As progress is made, proposed terms are summarized in a written memorandum of understanding for review by each party and their attorneys. Once finalized, the agreement can be incorporated into a court order or divorce decree, bringing the dispute to a formal and enforceable conclusion.
Benefits of Mediation
Mediation offers many advantages over traditional litigation. It is typically far less expensive than going to court and often allows disputes to be resolved in weeks rather than months or years. Because mediation sessions are confidential, parties can address sensitive issues privately instead of in a public courtroom. The process also gives participants greater control, as they make their own decisions rather than leaving outcomes in the hands of a judge.
Mediation is flexible and can be scheduled at times that work for both parties, and its cooperative structure tends to reduce conflict and emotional strain. Many participants report greater satisfaction with agreements they helped shape themselves, and the process is often less damaging to ongoing relationships, particularly important for parents who must continue co-parenting after a dispute is resolved.
The Mediator's Role
It's important to understand what a mediator does and doesn't do:
Mediators Do:
- Facilitate productive communication
- Help identify and prioritize issues
- Encourage both parties to share their perspective
- Generate options for resolution
- Reality-test proposed solutions
- Draft memoranda of understanding
Mediators Do Not:
- Provide legal advice to either party
- Make decisions for the parties
- Force anyone to agree to anything
- Represent either party's interests
- Serve as a therapist or counselor
Do I Need an Attorney?
Although you may participate in mediation without an attorney, having independent legal counsel is strongly recommended. An attorney can help you understand your rights and obligations before negotiations begin, evaluate whether proposed solutions are fair and workable, and identify long-term implications that may not be immediately obvious. Legal review of any agreement before signing is especially important to ensure your interests are fully protected. Having your own counsel can also help balance the process if your spouse is represented. Our attorneys regularly support clients in mediation by providing guidance behind the scenes, preparing them for sessions, and carefully reviewing proposed agreements.
Is Mediation Right for You?
Mediation can be an effective and empowering option for many families, particularly when both parties are committed to resolving issues cooperatively and approaching discussions with honesty and a willingness to compromise. It tends to work best when each person feels comfortable advocating for themselves and is able to communicate productively, even if only through the mediator. However, mediation may not be appropriate in situations involving domestic violence, abuse, or significant power imbalances. Thoughtful consideration of these factors can help determine whether mediation is the right path forward for your family.
When Mediation May Not Work
- Domestic violence or power imbalances
- One party is hiding assets
- Substance abuse affecting judgment
- One party refuses to participate in good faith
- Emergency orders are needed immediately
Court-Ordered Mediation
In many Maryland courts, mediation is required before certain family law issues may be heard by a judge. This most often applies to child custody disputes, parenting time disagreements, and, in some cases, aspects of property division. Even when mediation is court-ordered, the process remains confidential. Statements made during mediation cannot be used in court if an agreement is not reached, which allows both parties to speak openly and work toward resolution without fear that their discussions will later be used against them.
What If Mediation Fails?
If you are unable to reach agreement on every issue, mediation can still be valuable. Many families are able to resolve at least some concerns, which narrows the scope of what must ultimately be litigated. You may choose to participate in additional mediation sessions or proceed to court to address the remaining matters. Regardless of the outcome, all discussions that take place during mediation remain confidential.
