Mediation Services

Law Office of Kathleen JP Tabor, LLC

"A Goal Without a Plan is Just a Wish!"

Mediation Services

THE MEDIATOR'S ROLE

As a Mediator, I serve as a third-party neutral in facilitating the disputing participants in reaching a mutually acceptable agreement. It is my role to help the participants in addressing and resolving their dispute. It is also my responsibility to assist the participants in bringing the issue(s) to the table, explore options for resolution, and memorialize the agreement made between the participants. I do not provide legal advise to any of the participants as the Mediator. When hired as a Mediator, the fees are typically shared equally by the disputing participants or as previously agreed to by the individuals (or as determined by the Court, if the mediation is court-ordered).

The disputing participants may come to the mediation-table with or without an attorney. The emphasis for resolving the dispute is placed on the participants involved to work directly with one another in reaching a resolution. The attorney(s), if present, may provide advise to their client, but does not serve as the negotiator of the dispute. The disputing participants, however, are encouraged to consult with and have an attorney review their agreement prior to signing.

The Mediation Agreement is a legally binding contract enforceable through the courts, if breached by either party of the agreement.

THE ATTORNEY'S ROLE

As your Attorney, I may serve you in one or more ways; (1) prior to a mediation session, (2) during the mediation session, and/or (3) reviewing the final agreement.

(1) Prior to the mediation, I will meet with you and review your concerns and issues relevant to the dispute. You and I will discuss the process of mediation and how the process can best meet your needs during the mediation sessions in working with the other participants involved in the dispute. We will take the time together to review your legal issues, as well as any underlying issues, in preparing you for the mediation session(s).

(2) During the mediation session, you may ask that I attend the mediation session with you. At the session(s), it is still your primary responsibility to be actively engaged in the discussion and decision-making regarding the dispute. I will strongly encourage you to serve as your own negotiator, although I will be present to guide you as needed, and provide advocacy on your behalf when necessary. I will be there to address any legal issues or concerns you may have that arise during the session. You and I may caucus privately outside the mediation room when private discussions are required. Ultimately, my role is that of an adviser and advocate, but not as your negotiator. I am there to assist you, but not to impede the process and purposes of mediation.

(3) If I am present during the mediation session when you and the other participant(s) involved reach an agreement, I will review the particulars of the agreement with you at that time. If I am not present at the session, you should not sign the agreement until you have presented me with the document for review and counsel.

I am also available to draft the final agreement, if all participants agree, based on the notes and information provided to me by the Mediator.

GENERAL INFORMATION

    Mediation is a process of resolving disputes outside the courtroom. It is a neutral, voluntary, and confidential procedure. The process relies upon the abilities of the disputing participants to reach their own voluntary, uncoerced agreement with the guidance of a trained mediator.

    Mediation services are available through this office for resolving disputes involving contracts, business transactions, community discourse (i.e. "neighbor complaints"), and other civic matters that may be best addressed in private negotiations rather than in the public-glare of a courtroom.
    My mediation training may serve you either in the role as the Mediator or in the role as your personal Attorney. Additionally, as a collaboratively-trained practitioner, my services may also be engaged to serve as the Mediator as part of a collaborative-team.
    I am currently approved to serve as a Mediator specifically for civil disputes through the Howard County Circuit Court.

For more information on these services, please contact my office at (443) 454-2163.

THE PROCESS

The process of mediation consists of several steps. At the beginning of the session the Mediator will explain the process, have all participants sign an Agreement to Mediate, collect the fees, and initiate the mediation.

(1) The Beginning. An explanation of the process, establishing ground rules and the rights and responsibilities of the participants is presented by the Mediator.

(2) Fact Finding and Problem Identification. During this segment, the participants have the opportunity to describe the dispute and their concerns in their own words. Additionally, the Mediator may ask if the participants have ideas or proposals for resolving the dispute.

(3) Discussion of the Dispute and Evaluation of Resolutions. The Mediator will facilitate the discussion and negotiations between and among the participants relevant to the concerns and issues involved. Proposed solutions will be reviewed and, quite possibly, the problem may be resolved at this point.

(4) Caucusing. The Mediator may find it necessary to meet privately with each participant to further clarify their concerns. These caucus sessions are considered privileged, but full-disclosure to the other participant is encouraged.
Caucusing may also occur between a participant and their attorney, if one is present.

(5) Resolution. Once the participants have reached an agreement, the Mediator will memorialize the terms in writing for the participants to sign.

Mediation sessions generally are scheduled in two-hour increments, but may continue longer if all participants agree a resolution is at hand. Occasionally, more than one session may be necessary to reach an agreement.

More information is available through MACRO (Mediation and Conflict Resolution Office). You may call 410-321-2398 or click on the link below:

MACRO Office