Mediation is a process where a neutral third party, the mediator, helps the parties figure out the issues in a dispute and find an appropriate solution that serves everyone’s needs. The parties make the decisions. The mediator guides and shapes the process. Mediation is private and confidential so it enables the participants to custom design a solution that is appropriate for the people around the table.
Our approach to mediation
We believe that most people have the ability to solve their own disputes. We see our role as mediator as that of a facilitator of communication and a guide of the problem solving process. We assist you and the other parties in the conflict or lawsuit in having difficult conversations over tough issues. The earlier a mediation takes place the less it costs you in decreased productivity, low morale and inefficiency. Other users have commented that our "calm approach" enables them to have honest and open dialogues, air their differences and find workable solutions. In 2001, Ms. Kandell passed a performance based mediator certification, the only such certification in the US, by the Maryland Council for Dispute Resolution. For more information on the mediation process, see Mediation FAQs.
Workplace and civil litigation mediation
You spend more hours at work than at home. Workplace conflicts may range from disagreements among team members to race or age discrimination or sexual harassment complaints under the civil rights laws. Workplace conflicts can be terribly disruptive, whether you are the employee, the business owner or the agency director. Forty-two percent of a manager’s time is spent on reaching agreement with others when conflicts occur. Moreover, workplace disruptions due to conflict cost an employer 10% of the salary of the employees involved. Read about the high cost of conflict. Over the past nine years we have mediated nearly 400 cases, many of which are in the workplace arena. We have resolved numerous workplace cases in diverse workplace settings with employees who are represented by unions under collective bargaining agreements as well as employees in non-unionized settings. We have litigated cases and understand the process. For some cases litigation is necessary. For many cases however mediation will produce a more satisfying result.
If you have been named in a lawsuit you are no doubt worried about the costs of litigation as well as the time it is going to take you away from your job or your business. Over 95% of cases settle. It’s just a matter of when. Early mediation helps reduce the financial and emotional impact of litigation. We serve as a court appointed mediator in Baltimore City and County, Frederick, Howard and Montgomery County Circuit Courts. We have also served in the District of Columbia Superior Court.
Estate, probate and orphans court litigation mediation
You may have been managing the financial affairs of your elder parent under a power of attorney when his or her health was failing. And then a conflict arises with a sibling after mom or dad has passed away. Losing a parent is a difficult and emotional matter. Sometimes lawsuits are filed because the siblings distrust each other and don’t or haven’t communicated directly. One party may believe that a parent’s assets were not handled appropriately. Mediation is particularly well suited to a situation such as this. You can get to the root of the problem and figure out an answer that suits your situation. You decide, not a judge.
We were selected for the Baltimore City Orphans Court mediation pilot and are also on the roster for the Baltimore County Orphans Court mediation program. Having previously practiced law in the trusts and estates field we understand the legal issues that can arise in these cases.
Real Estate litigation mediation
You move into a new house and then you discover hidden or latent defects that you believe weren’t disclosed. Or you sell your house making all appropriate disclosures and then you are sued. Many real estate contracts call for mediation before a lawsuit is filed. We provide mediation services under a program sponsored by the Maryland Association of Realtors and have helped parties resolve these issues quickly and inexpensively.
Here are the five questions you should ask when looking for a mediator:
1. What are their qualifications?
Basic mediation training is a 40-hour course but mediators need a lot of case experience in order to be competent. Most professional mediators have taken many hours of advanced training. Find out about the mediator's training and case experience. Also, find out if they have any specialized expertise or concentrate in a particular subject area.
2. How do I go about finding a mediator?
One premier place to look is Mediate.com. Another is to ask friends or trusted advisors such as lawyers or accountants for references. Many mediators are lawyers or social workers so those professional organizations, such as the local bar association, might have a list of mediators.
3. How do I go about hiring a mediator?
First, both sides to the dispute must agree to resolve the issue or dispute through mediation. Second, both must agree on who the mediator should be. A mediator is a neutral person who does not advocate for any individual party.
4. Is the mediation private?
Mediation services are confidential and private. There are some limited exceptions to confidentiality under state law.
5. What is their mediation approach?
There are different theories and philosophies of mediation. The mediator should be able to explain their mediation approach.
