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Civil Docket - Alternative Dispute Resolution
[Civil] [Criminal] [Family] [Juvenile]

Frequently Asked Questions

Q.        What types of court cases are referred to mediation?

A.        The Court currently refers the following types of cases to mediation:  Workerís Compensation, Contract, Business, Employment, Insurance, Commercial, Professional Malpractice and Motor Tort.

Q.        When is the mediation conference held?

A.        In most cases, the mediation deadline is 30 days prior to the discovery deadline.  For Healthcare Malpractice and Motor Tort cases, the deadline is 30 days after the discovery deadline.  Each party, through his or her attorney, is required to contact the mediator listed on the Courtís Order for Mediation to schedule a mutually agreed upon date for the mediation conference. 

Q.        How long is the mediation conference?

A.              Mediation conferences are scheduled for two (2) hours for each case.  The parties may agree to extend the mediation conference for a longer time.

Q.        Are there any costs for mediation?

A.        Yes, the mediatorís fee is set by the court at $200 per hour.  For Healthcare Malpractice cases, the mediatorís fee is $250 per hour.  The parties should divide the cost equally.  If there are multiple parties, each side of the dispute is responsible to pay a prorated share of the mediation cost.  For example, if there are two plaintiffs and one defendant and the total cost of the mediation is $400, each plaintiff would pay $100 and the defendant would pay $200.  

            If parties agree that the mediation conference can be extended beyond the two (2) hours set by the Court, parties and the mediator should agree in advance on the mediatorís fee beyond the two (2) hours. 

Q.        Is there any preparation needed for the mediation conference?

A.        Yes.  Each party or his/her counsel must send the mediator a Confidential Mediation Conference Statement (CMCS) at least five (5) days prior to the scheduled mediation conference.  For Healthcare Malpractice cases, a Confidential Case Submission (CCS) must be sent to the mediator at least fifteen (15) days prior to the mediation conference.  Only the Mediator will have access to the CMCS and CCS.  The parties and/or counsel should not exchange these statements, nor should they be filed or shared with the Court.    

Q.        Who is required to attend a mediation conference?

A.        All attorneys and parties with settlement authority are required to attend and participate in the mediation conference.  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.  The mediator has the discretion to allow a party to participate by phone if attendance will be a hardship on the party.

Q.        Are there any requirements after completion of mediation?

A.            Attorneys are required to complete an Attorney Evaluation Form immediately following the final mediation conference, and the mediators are required to complete an ADR Data Sheet. The forms should be mailed to the Office of Mediation at the Circuit Court for Baltimore City, 111 N. Calvert Street, Room 401 Courthouse East, Baltimore, MD 21202 or faxed to (410) 333-1383.

Q.        Who are the Courtís approved mediators?

A.        Court approved mediators are trained professionals who must meet the qualifications enumerated in Maryland Rule 17-104(a) and complete a 40-hour mediation program that meets the requirements of Maryland Rule 17-106(a) before he or she is eligible for inclusion on the Courtís mediation roster.  To be eligible to conduct mediations in Healthcare Malpractice cases, mediators are required to meet additional requirements pursuant to Maryland Rule 17-104(e).  See Title 17 of the Maryland Rules of Civil Procedure. 

Q.        As a mediator, how can I get my name on the Courtís list of approved mediators?

A.        A mediator application form must be submitted to the Courtís Office of Mediation at the Circuit Court for Baltimore City, 111 N. Calvert Street, Room 401 Courthouse East, Baltimore MD 21202.  Mediator application forms can be found at www.marylandmacro.org.