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When to Use Family Mediation in Maryland
Mediation can be used to resolve the entire range of family disputes either before a divorce takes place in order to consummate a marital settlement agreement, as well as after the divorce to resolve continuing disputes that might arise under a marital settlement agreement. Under Maryland Rule S73A, court-ordered mediation, the issues are restricted to custody and visitation unless both parties agree to include other issues. A history of abuse or allegations of abuse preclude mediation and the court will not refer for mandatory mediation of child custody or visitation any situation where abuse has been evident. Mediation should not be used when there has been evidence of domestic violence or abuse or there is a great difference in power between the parties. For the mediation process to work there must be some degree of trust between the parties. |
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