1. Review: Third Party/Visitation and Modification
After Troxel, state cts must give deference to fit parents’ denial of visitation request to 3rd party.
MD statute has been held unconstitutional as applied to order visitation over reasonable denial by fit parent
Modification
Test substantial and material change in circumstances? If so, court will take another look and best interests applies
Relocation: When relocation prompts modif. request: important factors in best interests analyses. current custody/visit. arrange (joint vs. sole extent of visitation)and extent of disruption to non-custodial parent’s relationship w/child

2. Alternative Dispute Resolution and Custody
April 6, 2004

3. ADR: Resolving Conflicts Without Resort to Litigation
Negotiation: Two parties (usually through lawyers) seek to reach a settlement
Arbitration: Neutral Third Party resolves dispute by rendering a decision after hearing from both sides
Mediation: Neutral Third Party assists two or more disputing parties to reach a mutually agreeable settlement of dispute

4. Types of Mediation
Problem Solving
Transformative
Evaluative

5. Mediation and Child Access
Most states (including MD) now require parties to attempt to mediate child access disputes before resort to litigation
See e.g. Md. Rule 9-205: “requires” parties to custody or visitation dispute to participate in up to two mediation sessions

6. Lawyers as Mediators
Ethical Issues: Conflicts; Confidentiality; Non-Attorney “Practice of Law”; Mediation and Domestic Violence
Training: Varies from jurisdiction to jurisdiction
MD: -Need not be lawyer
-40 hours of general mediation training plus 20 hours specialized training if child access mediation
See: Title 17, Md. Rules Vol. 2
Practice Opportunities
- Mixing mediation with traditional law practice
- Building a mediation practice