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Civil
Docket -
Civil Mediation
Instructions
[Civil]
[Criminal]
[Family]
[Juvenile]
- Selection of Mediators: The individual who has been
selected to mediate this dispute appear on the mediation scheduling
order. By agreement, the parties may choose any other individual
to be the mediator of this dispute if the name, address, and the
telephone number of the individual is filed with the Clerk within 30
days of the date of the scheduling order. You are advised
that the designated mediator in this case has been found by the
Administrative Judge to meet all of the qualifications required by
the Maryland Rules of Procedure. In addition, this individual
has agreed not to charge or accept a fee in excess of $150.00 per
hour.
Any party, or attorney representing a party, may file a written
motion to have the Court appointed mediator disqualified because of
a conflict in the case. This motion must be submitted within
fifteen ( 15) days of the date of this Order and filed with the
Clerk.
A list of all mediators found by the Administrative Judge to meet
the qualifications of the Maryland Rules, as well as the
applications of those persons are available in the Office of the DCM
Coordinator, Mrs. Marilyn Bentley in Room 401 of Courthouse East.
You may reach Mrs. Bentley at (410) 396-3045.
- Establishing a Mediation Conference Date and Completing
Mediation: Each party, through his or her counsel, is
required to contact the mediator to establish a mediation conference
date. Once a mediation session is scheduled, you must provide
24-hour notice to a Mediator to postpone or cancel the mediation
session. Failure to provide the Mediator with such notice will
result in the party(ies) reimbursing the Mediator the costs for two
(2) hours of time that the Mediator reserved for conducting the
mediation session. All mediation conference must be
completed by the date set forth on the Scheduling Order. FAILURE
TO COMPLETE MEDIATION WITHIN THIS TIME PERIOD MAY SUBJECT THE
PARTIES AND/OR COUNSEL TO SANCTIONS INCLUDING CONTEMPT OR REMOVAL OF
THE CASE FROM THE TRIAL DOCKET.
- Exemption from Court Ordered Mediation: If one or
more of the parties believes the need for mediation does not exist
in a case, these reasons must be stated in a written motion filed
with the clerk within 30 days of the date of this order. FAILURE
TO FILE THIS MOTION WITHIN 30 DAYS MAY RESULT IN ITS DENIAL AS BEING
UNTIMELY FILED.
- Attendance at Mediation: It is mandatory for all
attorneys and parties with actual settlement authority to attend and
participate in the mediation conference. Parties and attorneys
are hereby notified that failure to attend and participate in the
mediation, without further Court Order canceling or excusing such
attendance, could result in the imposition of sanctions, 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, unless excused by the mediator. It is
essential to the mediation process that you have in attendance at
the mediation the parties or other principals with authority to make
settlement decisions. No more that two (2) hours of
mediation will be held in each case unless otherwise agreed to by
the parties.
- Confidential Mediation Conference Statement: Enclosed
with these materials is a Confidential Mediation Statement which
shall be fully completed by each party or his/her attorney and
provided to the mediator at least five (5) days prior
to the scheduled mediation. This statement should not be
exchanged with opposing counsel or parties in the case. The
Confidential Mediation Statement shall not be filed with the Clerk,
and no trial judge will have access to the form.
- Confidentiality: All written and oral communications made in
connection with the mediation conference will be held in strict
confidence, and may not be disclosed in any subsequent proceeding.
- Disposition of Mediation: If a case is dismissed, a
stipulation of dismissal and courts cost must be files with the
Clerk's Office immediately. If the case is settled, a
completed settlement order shall be filed with the Clerk's Office
immediately. In addition, the mediator shall file the ADR
Data Sheet with the Clerk's Office within seven (7) days of the last
session.
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