About the Mediation Process

In most cases, the mediation deadline is 180 days from the issuance of the Scheduling Order. In expedited mediation cases the deadline is 60 days. The session must be held prior to the deadline. The deadline for completing mediation may only be extended by agreement of all parties and upon approval of the Administrative Judge. All requests to extend the mediation deadline must be submitted in writing with a proposed Order.

Within 30 days of the assignment date on the Scheduling Order or within 15 days after the naming of a new mediator, each party, through his or her counsel, is required to contact the mediator to establish a mediation conference date. Failure to contact the mediator will result in a mediation date being scheduled without your input.

POSTPONING OR CANCELING YOUR SCHEDULED MEDIATION SESSION

Once a mediation session is scheduled, you must provide two business days notice to a mediator to postpone or cancel the mediation session. The only way to cancel a mediation is by settling your case or receiving a granted Motion for Exemption from mediation (see paragraph on objections below). Failure to provide the mediator with such notice will result in the parties reimbursing the mediator the full payment (see step four) that the mediator reserved for conducting the mediation session.

OBJECTIONS TO SCHEDULING ORDER MUST BE FILED WITHIN 30 DAYS

• Civil: Per Maryland Rule 17-202(f), if one of the parties believes the need for mediation does not exist in the case, the party must file a Motion for Exemption from mediation with the Court within 30 days of the assignment date;
• Medical: Per Maryland Rule 17-203(b), all parties must file a Motion for Exemption from mediation with the Court within 30 days of the assignment date. In order for the Motion for Exemption to be granted, the Court must determine that participating in mediation will not be productive.

If the deadline is not met, you will have consented to the Scheduling Order as it stands. Motions for Exemption must have certificates of service to all counsel and the mediator. If you have filed a Motion for Exemption from mediation and it has not been ruled on for more than 45 days or your mediation is scheduled for less than two weeks away, you must contact the DCM Office at 410-887-3233 to notify them.

Court-appointed mediators are designated by the Court and named in the scheduling order. If a party or counsel has a conflict with the mediator in the case, a request to change the mediator must be filed within the number of days listed below. The Court-Appointed Mediator named in the Scheduling Order may be replaced with a new Court-Appointed Mediator or private mediator if submitted to the DCM Coordinator within the specified timeframe. Mediators will not be changed after that timeframe, unless there is good cause.

• Civil: 30 days
• Medical: 15 days

Payment for mediation services is due prior to or at the initial mediation session. The civil mediation fee is $400 for two hours ($200 per hour, two-hour minimum).

The above payment will be split between/among the parties or as otherwise agreed. A maximum of two hours of mediation will be held and billed in each case. If a party wishes to continue beyond the two hours, all parties must agree and the mediation fee will remain, prorated for the time. The parties and the mediator may also agree to end the mediation session before the expiration of two hours if all agree that no more progress is likely to be made in the mediation session. If parties end the mediation session before the expiration of two hours, the full fee for two-hour mediation (outlined above) remains.

A Mediation Conference Statement shall be completed by each party or his or her attorney and submitted to the mediator at least five days prior to the scheduled mediation. A copy of this form does not have to be exchanged with opposing counsel or parties. The Mediation Conference Statement Form should not be filed with the Court, and no trial judge will have access to the form. All materials submitted by the parties to the mediator in connection with the mediation conference will be held in strict confidence by the mediator.

REQUIRED DOCUMENTS

You may download or view the following documents online:

• Mediation Conference Statement
• Confidentiality Agreement—Both parties must complete this form, which will be forwarded by the mediator to the DCM Office for placement in the court file.
• A sample Stipulation of Settlement and Dismissal

If you do not have access to the Internet and a printer, contact the Civil Assignment Office at 410-887-2660 and request copies to be mailed to you.

It is mandatory for all attorneys and parties with actual settlement authority to attend and participate in the mediation conference. Parties, attorneys and adjusters are hereby notified that failure to attend and fully participate in the mediation, without further Court Order exempting such attendance, will result in the imposition of the full mediation fee and may also result in the imposition of sanctions, additional fees and costs, as well as findings of contempt with resulting penalties at a Court hearing. Any insurance carrier, directly or indirectly involved in the outcome of the case, must designate a company representative with settlement authority to attend the mediation conference.

LATE AND FAILURE TO APPEAR POLICY

• If a party is going to be more than 15 minutes late with good reason to a mediation session, the party must inform the mediator.
• The mediator and on-time parties are only required to wait for late parties for 30 minutes before the mediation is cancelled.
• After 30 minutes, parties who have not arrived are considered as failing to appear and will be responsible for the full mediation fee.

If a complete settlement is reached as a result of the mediation conference, the attorneys shall file the settlement agreement or consent order on all issues within 30 days of the last mediation conference. All parties and counsel are required to complete an evaluation form upon the conclusion of the mediation session, whether or not the case settles.

At the conclusion of Mediation, the ADR practitioner shall provide the survey link to the parties with instructions provided by the Court to complete the survey.