Frequently Asked Questions
What types of court cases are referred to mediation?
The Court currently refers the following types of cases to mediation:
Workerís Compensation, Contract, Business, Employment, Insurance,
Commercial, Professional Malpractice and Motor Tort.
When is the mediation conference held?
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.
How long is the mediation conference?
Mediation conferences are scheduled for two (2) hours for each case.
The parties may agree to extend the mediation conference for a longer
Are there any costs for mediation?
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
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.
Is there any preparation needed for the mediation conference?
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.
Who is required to attend a mediation conference?
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.
Are there any requirements after completion of mediation?
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)
Who are the Courtís approved mediators?
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.
As a mediator, how can I get my name on the Courtís list of
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.