FAQ

Am I eligible for mediation?

Anyone in Washington County may request mediation support from WCCMC. We do not turn anyone away, regardless of age, gender, race or income.

Are the agreements reached in a mediation binding?

Written agreements are binding in the same sense that any contract between individuals is binding.

Are the mediators' decisions final?

Mediators do not make decisions for the participants. They will help you talk to each other to clarify goals, gather information, and identify options. It is up to you to decide what will meet your needs as you manage the conflict.

Can mediation be used in a business?

Family and other small businesses may fear public exposure of difficulties. Mediation offers privacy. All decisions are made by the participants, so control is retained by the principals in the business. The results are constructive for the partners and the business as a whole.

Do I Need Mediation?

Do you ever find yourself involved in conflict?

Do you know where to go or who to talk to?

When was the last time you were able to speak without interruption?

WE CAN HELP!

Unresolved conflicts in families, schools and businesses can be damaging emotionally physically and financially to those involved directly in the conflict as well as to the community in which the conflicts occur. Conflicts in families can be destructive to the participants and to all family members. Conflicts between parents and children often alienate children from their support system at a time when they most need one. Without an opportunity to resolve these disputes in a constructive manner that deals with everyone's needs, unresolved conflict can become can escalate to the point of, causing the child to leave home, perform poorly in school, become disruptive in school and/or participate in anti-social activity. Conflict between siblings and extended family can be intense and detrimental to all who interact with the disputing family members. If you are experiencing a conflict and not sure how to handle the outcome, please give mediation a try.

Does mediation work for separating couples?

Separation is sometimes used to give a couple a chance to get a better perspective on their relationship. Mediation can help create a custom-made separation agreement with provisions that meet each partner's needs. Interpersonal and financial issues are often included in the mediated separation agreement. Some parents develop parenting plans that are in the best interest of the child detailing how future decisions will be made, scheduling, living and visiting arrangements etc.

English is my second language. How can I ensure that I'll understand what's going on?

The center does not have resources to provide professional interpreter services. Participants are welcome to bring friends, family members or professional interpreters to assist them in communication.

How can I be assured that the mediators will be impartial?

The mediators make every effort to be impartial. The mediation process is based upon the concept that the mediator is not the judge or jury of mediation. Their opinions do not shape the result of mediation. In mediation, you - not the mediator - control the decisions and the outcome.

How can I become a mediator?

If you are interested in becoming a mediator, call the WCCMC at 301-665-9262 and ask to be put on our mailing list. Once a year, the WCCMC will mail training schedules and applications to those individuals who have expressed an interest in becoming mediators. When we have received your application, we will set up an interview with you; those accepted into a training class must then complete a 50-hour mediation course and an apprenticeship before they are considered mediators.

How Do I Get Started?

Conflict is a normal, inevitable part of life and occurs daily in everyone's life in different degrees. Most people are familiar with the traditional means of resolving disputes by avoidance, violence or litigation. Avoidance rarely addresses the underlying issues in a dispute and can contribute to mounting tensions. When tensions are allowed to fester, they can erupt into violence, especially where there is a general sense of powerlessness and often goes beyond the immediate participants to affect the larger society. Litigation is an important and valuable process, however, many disputes can be resolved by less adversarial means. Mediation is a guided negotiation in which you (the participants) determine the outcome - unlike court hearings or arbitration. Mediation is usually an uplifting experience. Relationships are rebuilt and often transformed.

Make contact with the WCCMC program staff at 301-665-9262 or email us at wccmced@gmail.com . You may refer yourself, or work with a referral source, such as a local school, organization or house of faith.
WCCMC staff contact all parties and arrange for the mediation at a time convenient to all.
Mediations are scheduled any time: weekdays, evenings, and weekends. In neutral locations throughout Washington County.
The actual mediation takes about two hours, with additional sessions being scheduled if necessary.
Long-term resolutions are developed in mediation. These resolutions can be put into a written agreement if the parties choose.

How does mediation work?

Mediation brings people in conflict together in a comfortable and safe setting. With the help of mediators, you can discuss issues and talk about your concerns. They will help you talk to each other to clarify goals, gather information, and identify options. It is up to you to decide what will meet your needs as you manage the conflict. What is discussed with the mediators is kept private and confidential. In mediation, you - not the mediator - control the decisions and the outcome.

How is the WCCMC operated and organized?

The WCCMC is overseen by a six-member Board of Directors, and the program currently has a five person staff who run the day-to-day operations of the program. WCCMC staff include our Executive Director, who manages the mediation program; a Case Manager, who is responsible for fielding intake and scheduling cases; a Reentry Program Outreach Specialist, who manages the reentry mediation program at the Maryland Correctional Training Center (MCTC); a Volunteer Coordinator, who is responsible for the recruitment, management and training of WCCMC volunteers and performs outreach duties for the local law enforcement community, religious organizations and veterans groups; and a Youth Programs/Outreach Coordinator, who works with youth volunteers and organizes and develops programs to effectively manage conflict in school/college settings.

We would be remiss if we did not stress that our volunteer mediators are the backbone of the WCCMC. After volunteers complete their 50-hour training, they commit a certain number of hours back to the WCCMC in conducting mediations and/or participating in community outreach endeavors to increase awareness of our services. It is because of these efforts that the WCCMC is able to provide free services to those in need.

How long does mediation take?

A mediation session typically last two hours. Follow-up sessions may be required and scheduled accordingly.

How much does mediation cost?

Mediation is free so that anyone is able to access this service.

How often is mediation successful? Is it worth my time?

An hour or two of effective communication is never time wasted. 86% of people who use mediation improve their situation.

If I've already retained counsel, may I bring my attorney to mediation with me?

Attorneys are welcome in the mediation process, as long as all parties agree. The parties must reach agreement with regard to how they will be allowed to contribute to the discussion.

Is mediation confidential?

Yes, strictly confidential. What is discussed with the mediators is kept private and confidential. Mediators may not be called into subsequent legal action to testify on behalf of either party.

May I bring a friend, family member or other representative with me for support in mediation?

Personal representatives or supporters are welcome in the mediation process, as long as all parties agree. The parties must reach agreement with regard to how other participants will be allowed to contribute to the discussion.

This sounds like a good idea. How do I arrange for mediation?

For more information email us at wccmced@gmail.com or call us at 301-665-9262

What are the rules for mediation?

While the mediators will assist participants, conduct of the actual mediation is left largely up to the participants. It is up to you to decide what will meet your needs as you manage the conflict.

What can I do if I find myself in a conflict?

Here are a few tips:

Think carefully about what is bothering you and what you would like to have happen to settle the situation.
Agree on a good time to talk.
When you disagree, speak in a calm and respectful manner. Explain your point of view. Ask for the other person's ideas and listen carefully.
Double check with them to be certain you understand what they are saying.
Remember that your gestures and tone of voice often show how you feel. It's not just your words.
Emphasize what you need. Avoid telling the other person what they should and should not do.
Be positive and commit to resolving the issue. If you cannot make progress, consider mediation.

What can mediation give me that litigation cannot?

Privacy - Courts are very public places and court documents are public as well. Mediation, by contrast, involves closed proceedings, which offer the benefit of keeping your personal and financial affairs out of public view. A final agreement, however, if made part of a court order will be a public document.

Creativity - Due to the nature of our legal system, judges must follow certain rules when deciding cases. The types of relief (solutions) that a judge can order as the result of litigation are limited. The flexibility you have to reach your own result is one of the greatest benefits of choosing mediation.

Fewer Costs - The role a consulting attorney plays in mediation is very different from litigation. Important steps, like the investigation and sharing of evidence, are more informal. This reduces the cost and complexity of a case.
Consulting attorneys advise you about your legal rights and the consequences of mediated agreements.

Faster Results - The formal procedures lawyers undertake in litigation are not only costly, they also take time. Built-in time delays can be kept to a minimum by informally sharing information. You can set the pace for the proceedings, rather than relying on a court, and mediators can take more time to handle your case than
judges.

Collaborative instead of adversarial - The combative hostility of litigation is not present in the mediation process. The participants work together to find a reasonable solution to the problem. The participants are not hampered with strict rules of evidence, and are free to look for creative solutions.

What cases are appropriate for mediation?

Virtually any dispute is appropriate for mediation. Center mediators assist individuals in inter-personal conflicts, neighbor conflicts, family conflicts, parent/teen conflicts, landlord-tenant issues, business conflicts, employment conflicts, group and organizational conflicts, separation and/or divorce and parenting plans. The only type of dispute which the WCCMC will not mediate is that in which domestic violence is involved.

What do mediators do?

During the mediation, the role of the mediators is a facilitative one in which participants are taken through a process which enables them to identify their issues, brainstorm possible solutions, and ultimately decide which solutions will work best for them. Written agreements can be made if the participants wish.

What if I change my mind and want to stop the mediation session?

Mediation remains voluntary at all times. Participants are free to discontinue the process and leave at any point.

What if it turns out that I know one of the mediators?

If there is any potential conflict of interest, the mediator will step aside and ask another to take his or her place.

What if the judge doesn't agree with a settlement which has been reached in mediation?

As long as there is no criminal action involved, the judge will honor agreements arrived at through mediation.

What if the other party is unwilling to mediate?

Mediation is completely voluntary. No one will be forced to participate. Center personnel will be available to talk with the other participant and explain mediation in more detail, to make sure they understand what mediation offers.

What is the difference between Attorneys and Mediators?

In many instances a mediator may be an attorney, just not your attorney. Mediators and attorneys have different roles.

Attorneys represent the interests of their clients and advise them on the best way to present their case. Attorneys may discuss what could happen in court.

A mediator does not give legal advice or recommend the terms of an agreement. A mediator does not represent either side of a dispute, even if the mediator is also an attorney. Mediators assist people in conflict to communicate with each other and resolve conflict. In mediation you may speak for yourself rather than having a lawyer speak for you.

What kind of training do the mediators have?

WCCMC volunteers have at least 50 hours of training in conflict resolution and mediation process. In addition, they bring life experience from many areas of work and community service. They also have continuing education through our organization. They work in a team and receive peer reviews and staff evaluation to improve their skills and knowledge.

What Types of Conflicts Can be Mediated?

We will mediate a conflict at any stage of the dispute, including:

Inter-personal disputes (including assaults, harassment, love triangles, and friendships turned sour)
Neighborhood disputes (such as noise, property, animals, & lifestyle differences)
Family disputes (such as parent-teen conflicts, husband/wife, siblings, and issues of custody & visitation)
Landlord-tenant disputes
Neighborhood association conflicts
Business disputes (including disputes between businesses and residents)
Employment disputes (such as conflicts between employee and employer)
Separation and or Divorce

........ and many others

When can mediations be scheduled?

Center personnel will attempt to schedule mediations at times convenient to the parties involved.

Where are mediations held

Mediations are held in neutral, safe environments, such as town halls, churches, libraries and community centers throughout Washington County. WCCMC currently has eight community partners who offer their facility for mediation. At least one site is near you. They are open weekends and evenings for your convenience.

Who are the Mediators?

Our community mediators have extensive training in the field of conflict resolution and the mediation process. They come from all walks of life and represent the diversity of Washington County in terms of race, ethnicity, gender, age, socio-economic status, and educational background.

All of our volunteers are professionally trained in the mediation process with the required 50 hour mediation training, observations, and continuing education through WCCMC and other statewide organizations promoting mediation. Our mediators are certified under Maryland Rule 17.

Mediators are good listeners, they keep the discussion moving and are required to keep all information confidential. They have experience helping people communicate more effectively, even when it seems impossible for an agreement to be reached.

Who can participate in mediation?

Mediation services are available to anyone - neighbors, couples, roommates, community association members, business partners, teenagers, and anyone else who agrees to go to mediation.

Why Should I Consider Mediation?

When tensions are allowed to fester, they can erupt into violence, especially where there is a general sense of powerlessness and often goes beyond the immediate participants to affect the larger society.

Litigation is an important and valuable process, however, many disputes can be resolved by less adversarial means. Mediation is a guided negotiation in which you (the participants) determine the outcome - unlike court hearings or arbitration. Mediation is usually an uplifting experience. Relationships are rebuilt and often transformed.

Why would I want to try mediation?

Mediation is an opportunity to manage conflicts differently. Agreements reached by the parties themselves are far more likely to be satisfying and lasting solutions than those imposed upon the participants by others.

Will there be a written agreement if a settlement is reached?

Mediations customarily result in a written agreement. Once an resolution has been met, then WCCMC staff will type the agreement in the form of a Memorandum of Understanding (MOU). The MOU will be read and discussed by all parties to assure agreement before signature.

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