MEDIATING AND ARBITRATING WITH STEPHEN E. MOSS

Stephen E. Moss has practiced law for over forty years and during his tenure established many principles of law through his appellate practice.  He was often recognized for his superior accomplishments such as Who’s Who in American Law, Who’s Who in Business and Finance, Who’s Who in America, and Who’s Who in the World.  Steve has also received the highest ratings for his abilities and ethical approach to law by the Martindale Hubbell Lawyer Rating program.

Much of Steve’s practice was devoted to family law which he pursued at its highest levels.  He was admitted to fellowship in the American Academy of Matrimonial Lawyers and the International Academy of Matrimonial Lawyers and because of his superior knowledge of family law was known as the “ Dean of Family Law”  and taught the advance course on equitable distribution of marital property for over twelve years for the Maryland Institute of Professional Education of Lawyers.  Steve is a highly trained mediator and arbitrator who has taken over seventy hours of course work in family law arbitration  and  meditation, issues relating children and  relating to equitable distribution of marital property as well as in specific topics of mediation such as sensitivity to issues of ethnicity and cultural backgrounds and mediation in a hostile environment.

Because of Steve’s wisdom, knowledge of family law, and ability to listen, he has maintained a substantial mediation and arbitration  practice, particularly in the area of family law, where he has helped to resolve hundreds of cases and has been a principal mediator for the Montgomery County Circuit Court, Superior Court of the District of Columbia, and the Center for Conflict Resolution of Montgomery County. He is a Member of the Maryland Program for Mediator Excellence.

Steve is a noted author and lecturer in the field of mediation.  Please refer to his articles in the Maryland Bar Journal and the Family Section Council for the State of Maryland and his speeches on mediation with lawyers and participation in alternative dispute resolution.

MEDIATION  AND ARBITRATION

What is mediation?

Mediation is a process that gives the parties the opportunity to resolve issues for the children and for themselves rather than have a judge or a majistrate decide for them.  The mediator does not make any decision for the parties, but helps the parties reach an agreement which works for them.  However, the mediator guides the process so that all participants have an opportunity to express themselves in an atmosphere of respect and confidentiality.  Mediation may be pursued before formal litigation or as a means to resolve a dispute once litigation is pending.

The detailed roles of each of the parties and the mediator and what can be expected during mediation is defined more carefully in the attached Mediation Agreement, which is discussed with all parties before the mediation is commenced.

What issues can be mediated?

Mediation can resolve issues such as:

Parenting plans

Timesharing arrangements

Child/Spousal Support

Property division

Financial issues

Maintenance of Health Insurance and sharing of medical costs for children

Life Insurance for Children and Spouses

Division of Retirement Assets

Providing for the Education of Children and opportunities for the enhancement of skills for spouses to enable them to become more self-supporting

Any other issue of mutual concern to the parties

Do I need an attorney?

The mediator focuses on helping parties reach their own agreements and cannot give legal advice. Mr. Moss is able to answer questions about the law and the litigation process; however, most parties find it useful to have an attorney understand the law, define their own interests so that they can make informed decisions. Each party is free to consult an attorney as they proceed through the mediation process and sometimes the parties agree to have their attorneys actually participate in the process. If the parties reach an agreement in mediation, an attorney may review an agreement prepared by a mediator or prepare an agreement for the parties.

What does it cost?

It is impossible at the outset to define a precise cost for a particular mediation. It all depends upon the number and complexity of the issues involved and the desire of the parties to reach agreement. After the potential issues are outlined, the mediator will propose a deposit, which may be refunded to the extent it is not earned. The parties typically divide this cost equally or in some other proportion as they may mutually agree. Mediation sessions typically last two hours and the parties are often requested to consider and work on issues between sessions. The sessions are scheduled at times convenient to the parties and the mediator, typically in one to two week intervals. At the conclusion of each mediation session, the mediator will forward to the parties notes of issues upon which agreement was reached and issues to be considered and worked on pending the next mediation session.

What about confidentiality?

There are two important aspects to confidentiality in mediation. First, everything that is said during the mediation is confidential and may not be repeated or be binding in any court proceeding. Secondly, and most importantly, everything that is said privately to the mediator is confidential and will not be disclosed absent express permission of the party who made the communication. This concept makes it possible for parties to pursue mediation in a forum which is open and sincere and minimizes parties taking harsh positions which impede communication and resolution.

What is arbitration?

In arbitration, the dispute is submitted to the arbitrator to resolve, much like a judge. Arbitration generally is preferable to going to court as you can assure yourself that your issues are resolved away from public view by a person highly trained in family law and at convenient and definite times. While the parties have to pay for the arbitrator’s services, there generally are off-setting savings in legal fees, convenience and the expeditious treatment of your case.