Resolving Conflicts Through Mediation

The MEDIATION PROGRAM of the Carroll County State's Attorney's Office is devoted to community service by offering alternative means of conflict resolution. Our office recognizes that failing to deal with a conflict in a constructive manner damages individuals, organizations and relationships. Many such unresolved disputes escalate and eventually end up in our criminal court system. Utilization of the criminal justice system does not in many instances resolve the underlying problem with the parties remaining dissatisfied resulting in the continuation of the conflict.

MEDIATION empowers individuals to resolve their respective problems in a constructive manner enabling them to avoid conflict in the future. The goal of The MEDIATION process through our office is to provide a free, expedient, and informal alternative to settling disputes outside of the courtroom, promoting a more peaceful community for the citizens of Carroll County.

• Do you want an active role in resolving your dispute?
  
  
• Do you value privacy and confidentiality in resolving you dispute?
  
  
• Do you want someone to help you and other people in the dispute to reach an agreement, while still maintaining the option to have your case decided in Court if no agreement can be reached?
  
  
• Do you feel safe enough with the other people in the dispute to negotiate without fear?
  
  
• Do you want an efficient, cost effective means for resolving a dispute?
  
  

It is Voluntary:

Both Parties choose to mediate, and any party may end the process at any time. Taking part in mediation loses no legal rights.

It is Creative:

Judicial remedies may not be able to meet the needs of the parties or to resolve the underlying problem. Mediation can result in creative resolutions that are mutually acceptable, workable, and address the parties' concerns.

It is Confidential:

Unlike a court, which is open to both the public and press, mediation is private and confidential with very few exceptions.

It is Empowering:

The parties are in control of the outcome. Solutions are reached only when all parties agree.

It is Quick and Convenient:

It usually involves one session in which the parties meet with the mediator. Sessions can be scheduled at times during normal business hours that are convenient to all parties.

It is Effective:

Agreements are reached in most cases. For parties who want or need to retain an ongoing relationship, mediation reduces anger and sets the stage for future cooperation.

Often disputes between individuals end up in Court, and while the Court may provide a solution, it may not address or resolve the underlying problems that led up to the dispute in the first place. Mediation is an informal, consensual process in which a trained neutral person, a mediator, helps people in a dispute to communicate with one another, understand each other, explore possible solutions, and if possible, reach agreements that meet the participant's needs and resolve their differences.

The mediation process is a collaborative process in which the individuals in the dispute work with the mediator to seek lasting solutions. The mediator does not decide who is right or wrong; they merely assist the parties in coming to an acceptable solution. Mediation empowers people to resolve their own problems in a constructive way that may enable them to avoid conflict in the future.

Cases or situations that are appropriate for mediation through this Program are misdemeanor criminal acts such as family or neighborhood disputes, trespassing, telephone misuse, harassment, Humane Society cases, and certain simple assaults. In short, conflicts, if not resolved, that would eventually result in criminal charges being filed. We also provide mediation for parties involved in Peace Orders, either court ordered or non-court ordered.

According to the Maryland Alternative Dispute Resolution Rule 17-102, "Mediation" means a process in which the parties appear before an impartial mediator who, through the application of standard mediation techniques generally accepted within the professional mediation community and without providing legal advice, assists the parties in reaching their own voluntary agreement for the resolution of all or part of their dispute. A mediator may identify issues, explore settlement alternatives, and discuss candidly with the parties or their attorneys the basis and practicality of their respective positions, but, unless the parties agree otherwise, the mediator does not engage in arbitration, neutral case evaluation, or neutral fact-finding and does not recommend the terms of an agreement.