Family Law Mediation in Maryland: How the Process Works
If you have a contested custody, visitation, divorce, or property case pending in any Maryland circuit court, you are likely going to mediation. The court orders it as a matter of standard practice in most contested family cases, and you will receive that order soon after your scheduling conference.
If you do not have a case pending and you are trying to resolve a family law issue before filing one, you can still use mediation. You will engage a mediator directly. Once you reach an agreement, you can file an uncontested case to obtain the court order you need.
Both are family law mediation. They work somewhat differently in practice. This post walks through the Maryland version of each. My earlier post, Understanding Mediation in Family Law, introduced what mediation is and when it works. This post is the procedural detail: how mediation actually happens in Maryland circuit courts, what the court program requires, what private mediation looks like, and how to choose between them.
How Does Family Law Mediation Work in Maryland?
In Maryland, family law mediation takes two forms. Court-ordered mediation is generated by the circuit court after the scheduling conference in contested custody, visitation, divorce, or property cases. Parties are typically ordered to attend two, two-hour sessions with a court-approved and qualified mediator. The subject matter of the mediation, and which parties and counsel are required to attend, is dictated by the court depending on the type of case pending. Parties pay the fee, with fee waiver options available for low-income litigants. Private mediation, by contrast, is engaged directly by the parties at any point, with or without a pending court case, and operates on a schedule and scope the parties choose. Both forms are governed by Maryland's mediation standards. Both can produce a binding settlement agreement. The right choice depends on whether you already have a case in court and how much control you want over the process.
That is the short answer. Below is what each form actually looks like.
Court-Ordered Mediation in Maryland: When and How
If you file a contested custody, visitation, divorce, or property case in a Maryland circuit court, mediation is built into the court's process. You do not have to ask for it. The court will likely order it for you.
The procedure runs as follows:
You file the case. The court schedules a scheduling conference, which is typically the first procedural milestone after service.
At or shortly after the scheduling conference, the court generates an order for mediation through the Family Law Office or equivalent court staff.
The parties are typically ordered to attend two mediation sessions, each two hours long, with a court-approved and qualified mediator. The subject matter and attendance requirements are dictated by the court depending on the type of case pending.
The parties select a mediator from the court-approved list, or accept a mediator the court assigns.
The parties attend the sessions. Whether counsel attends depends on the type of mediation and what the court order specifies.
If the parties reach an agreement, the mediator helps document it. The agreement is then submitted to the court for incorporation into the final order or judgment.
If the parties do not reach an agreement, the case continues through the normal litigation process.
Court-ordered mediation in Maryland can address custody and visitation, property division, or both. Maryland courts can also order mediation in divorce cases, with the subject matter of the mediation determined by the type of case pending and the court's order.
In court-ordered custody and visitation mediation, the focus is on the parenting issues: legal custody (decision-making), physical custody (parenting time), the parenting schedule, holiday and vacation allocations, and decision-making protocols for school, healthcare, and similar matters. Child support is generally not addressed in court-ordered custody mediation except by express agreement of both parties. Counsel does not have to attend custody and visitation mediation, though counsel may attend if the parties prefer.
In court-ordered property mediation, the focus is on financial issues: division of marital property, allocation of debts, treatment of the marital home, retirement account division, and similar matters. Alimony can be included in court-ordered property mediation. The parties must agree to property mediation for the court to order it. When property mediation is court-ordered, counsel typically attends unless the court order specifies otherwise.
How Maryland Courts Handle Mediation in Cases Involving Domestic Violence
Maryland courts approach mediation in cases involving domestic violence with significant care.
When domestic violence has been alleged, mediation is less likely to be ordered. Mediation depends on both parties being able to negotiate without fear, intimidation, or coercion, and where that condition is not met, the structure of mediation cannot do its job.
The court retains discretion, however, to order mediation with accommodations where the court finds that those accommodations can adequately protect a party's safety. In some cases, the court may order remote or virtual mediation, shuttle mediation (where the mediator moves between separate rooms and the parties never share a space), separate session times, or other accommodations designed to address the safety concerns presented by the case. Whether mediation is ordered, and what accommodations apply, is a case-by-case determination made by the court based on the specific facts.
If you have safety concerns about participating in mediation, those concerns belong on the record. A party represented by counsel can raise those concerns through their attorney. A party who is not represented can raise safety concerns directly at the scheduling conference. Either way, the court can address them at that point.
What Court-Ordered Mediation Costs in Maryland
Parties in court-ordered Maryland mediation are responsible for the mediator's fee. The fee is set by the court, not by the individual mediator, and the mediator cannot charge or accept more than the court-allowed rate. In private mediation, by contrast, the fee is set by the mediator and agreed to by the parties in the engagement agreement.
Most Maryland circuit courts maintain fee waiver options to help low-income litigants pay for court-ordered mediation. Litigants who qualify can typically submit a fee waiver form to the Family Law Office or equivalent court staff, which reviews the request using income-based eligibility guidelines. If a waiver is approved, the court may pay the cost of mediation or refer the case to a provider willing to perform the service at a reduced rate or pro bono.
Some Maryland court-approved mediators also offer sliding scale rates or pro bono service for eligible litigants outside of the formal waiver process. The specific fee waiver process, eligibility guidelines, and provider availability vary by county, so litigants who need fee assistance should contact the Family Law Office in their filing county directly.
Private Mediation in Maryland: When and How
Not every family law mediation in Maryland happens because of a court order. Many take place before a case is ever filed.
Private mediation is engaged directly between the parties and a mediator of their choice. The mediator does not need to be on a court-approved list, though many private mediators in Maryland maintain court approval as well. The parties and the mediator sign an engagement agreement that sets the scope of the mediation, the schedule, the location (in-person or virtual), and the fee structure.
Private mediation works well for couples and co-parents in Maryland who:
Want to resolve their issues before filing a court case
Are still in the early stages of separation and want a structured negotiation rather than litigation
Have a specific dispute (parenting plan revisions, financial questions, post-judgment modifications) that they want to address outside the court process
Want more control over scheduling, location, session length, and pacing than the court program provides
Sessions are typically structured around the parties' actual schedules rather than the court's. A private mediation might be two two-hour sessions, similar to the court program, or it might be a series of shorter check-ins over several weeks, or a single longer session covering all issues. The format is set by what works for the parties and the mediator, not by a court order.
A note on what happens after a private mediation reaches agreement: in most cases, the parties still need to file an uncontested divorce or custody case to obtain the court order that gives the settlement legal effect. Private mediation does not eliminate the court process. It changes the type of case the parties file (uncontested rather than contested) and shortens the timeline significantly.
As part of our family law mediation services, we work with families across Maryland on private mediation, with offices in Columbia and Annapolis serving Howard and Anne Arundel Counties. We also accept court-ordered family law mediations in a variety of Maryland jurisdictions, including Anne Arundel and Howard Counties.
What Happens in a Maryland Mediation Session
Whether court-ordered or private, the basic structure of a family law mediation session in Maryland looks similar.
The mediator opens the session by explaining the process, the role of the mediator, and the confidentiality of the discussion. The parties confirm their understanding and consent to proceed.
The mediator then identifies the issues to be addressed. The specific scope depends on the type of mediation and, if court-ordered, what the court order authorizes. In a custody mediation, this typically includes the parenting issues outlined above. In a property mediation, this typically includes financial division and, where applicable, alimony.
The mediator facilitates the conversation, surfaces options the parties may not have considered, and helps the parties identify areas of agreement and disagreement. The mediator does not decide anything. The parties decide.
If the parties reach an agreement, the mediator helps document it. In court-ordered mediation, the agreement is submitted to the court for incorporation into the final order. In private mediation, the agreement is typically reviewed by each party's attorney (if they have one) and then either signed as a private settlement agreement or filed with the court as part of an uncontested divorce or custody case.
If the parties do not reach an agreement, the mediation ends. The parties can choose to schedule additional sessions, continue the conversation in another format, or proceed to court (or continue with their pending court case).
Choosing Between Court-Ordered and Private Mediation in Maryland
The choice between court-ordered and private mediation in Maryland usually comes down to where you are in the legal process and how much control you want over the format.
Court-ordered mediation is the right path when:
You already have a contested case filed in a Maryland circuit court
You want the court program's fee waiver options if you cannot afford a private mediator
You are comfortable with the standard two-session, two-hour structure
You want the mediator selected from the court's approved list
Private mediation is the right path when:
You do not yet have a court case filed and you want to try to resolve issues before filing
You want a custom schedule, format, or location for the sessions
You want to choose a specific mediator based on style, experience, or fit
You want flexibility on session length and number of sessions
You are addressing a post-judgment issue (parenting plan revision, custody modification, support recalculation) that does not require a new filing
Many Maryland families use both. They engage a private mediator to resolve some issues before filing, then file an uncontested case that does not require further mediation. Or they begin in court-ordered mediation and continue with the same mediator privately to address issues that arise after the initial order.
Related Reading
If you want a foundational overview of what mediation is and the general principles that apply across all Maryland family law mediation, my earlier post, Understanding Mediation in Family Law, is the natural companion to this one. This post addresses the procedural specifics. That post addresses the broader framework.
Frequently Asked Questions
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In contested custody, visitation, divorce, and property cases filed in a Maryland circuit court, mediation is typically ordered by the court as a standard part of the process after the scheduling conference. The subject matter and attendance requirements are dictated by the court depending on the type of case pending. Maryland courts are less likely to order mediation in cases where domestic violence has been alleged, though the court retains discretion to order mediation with safety accommodations such as remote or shuttle mediation where appropriate. If you do not have a case pending in a Maryland circuit court, mediation is voluntary and is engaged directly between the parties and a private mediator.
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Maryland circuit courts typically order parties to attend two mediation sessions, each two hours long, with a court-approved and qualified mediator. The two-session structure applies to both custody and visitation mediation and to property mediation. Private mediation is not bound by that structure. Parties and their mediator can schedule as many or as few sessions as the case requires.
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Parties in court-ordered Maryland mediation are responsible for the mediator's fee, with the cost typically split between the parties. The fee in court-ordered mediation is set by the court, not by the mediator. Most Maryland circuit courts maintain fee waiver options for low-income litigants, which can be requested by submitting a fee waiver form to the Family Law Office in the filing county. Some court-approved mediators also offer sliding scale rates or pro bono service for eligible litigants. In private mediation, the mediator sets the fee and the parties agree to it in the engagement agreement.
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It depends on the type of mediation. Counsel does not have to attend court-ordered custody and visitation mediation. In court-ordered property mediation, counsel typically attends unless the court order specifies otherwise. In private mediation, the parties decide whether attorneys attend. Some couples prefer to mediate without counsel and consult their respective attorneys between sessions. Others prefer to have counsel in the room. Both approaches are workable.
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If court-ordered mediation does not resolve the case, the case continues through the normal litigation process: discovery, settlement conferences, possible pre-trial motions, and ultimately a merits trial if no settlement is reached. The fact that mediation was unsuccessful does not prejudice either party at trial. Communications during mediation are confidential and generally not admissible in court. If private mediation does not resolve the case, the parties can choose to schedule additional sessions, try a different format, or proceed to court by filing a case.
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In most family law matters that require a court order (divorce, custody, child support), yes. Private mediation produces a written settlement agreement, but the parties still need to file an uncontested case to obtain the court order that gives the agreement legal effect. The difference is significant: an uncontested case in Maryland typically resolves in 2 to 4 months and involves a brief uncontested hearing, while a contested case typically takes 12 to 24 months. Private mediation followed by an uncontested filing is one of the fastest paths through the Maryland court system.
Schedule a Consultation
Family law mediation in Maryland is one of the most effective tools available for resolving custody, visitation, divorce, and property issues without the time and cost of a contested trial. Whether your case is already in court or you are trying to resolve issues before filing, the right mediation structure depends on the specifics of your situation.
Maryland family law attorney, mediator, and parent coordinator Jessica Zadjura works with families across Maryland, with offices in Columbia and Annapolis serving Howard and Anne Arundel Counties, on both private mediation and court-ordered mediation engagements.
Schedule a consultation to talk through which form of mediation fits your situation.
Jessica Zadjura is a Maryland family law attorney, mediator, and parent coordinator with 15 years of experience. She is the founder of Zadjura Family Law LLC, serving clients across Howard and Anne Arundel Counties.
