Maryland
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Maryland. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Maryland can be found in RSI’s Research Library and in Reports below.
State Legislation
- Maryland Code: Courts and Judicial Proceedings Article, Title 3 - 1801 et. seq., Maryland Mediation Confidentiality Act
- Maryland Code: Courts and Judicial Proceedings Article, Title 3-2A-06C: Healthcare ADR
- Maryland Code: Housing and Community Development Article, Title 4-507: Housing Counseling and Foreclosure Mediation Fund
- Maryland Code, Real Property Article, Title 7-105.1: Residential property foreclosure procedure; mediation
Statewide Court ADR Rules and Policies
- Maryland Rules of Civil Procedure: Title 9- Family Law Actions, 9-205 Mediation of Child Custody and Visitation Disputes
- Maryland Rules of Procedure: Title 17 - Alternative Dispute Resolution
- Maryland Standards of Conduct for Mediators, Arbitrators, and Other ADR Practitioners
- Maryland Program for Mediator Excellence (MPME) Standards of Conduct for Mediators
- Maryland Program for Mediator Excellence (MPME) Mediation Framework Descriptions
State Office of Court ADR:
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Maryland Code: Courts and Judicial Proceedings Article, Title 3 - 1801 et. seq., Maryland Mediation Confidentiality Act
Maryland General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: Under this statute, mediators, mediation parties and other mediation participants may not disclose and may not be required to disclose mediation communications in judicial, administrative or other proceedings. There are several exceptions to this s...
Maryland Code: Courts and Judicial Proceedings Article, Title 3-2A-06C: Healthcare ADR
Maryland General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: This statute outlines general guidelines for the mediation of health care malpractice claims. It explains the referral process, selection of the mediator, confidentiality requirements and settlement procedures, among other topics. ...
Maryland Code: Housing and Community Development Article, Title 4-507: Housing Counseling and Foreclosure Mediation Fund
Maryland Legislature. Maryland Code, Jan. 1, 2019Resource Type: Legislation
Abstract: This statute establishes the Housing Counseling and Foreclosure Mediation Fund, which supports that state's foreclosure mediation program, as well as nonprofit and government agencies that provide housing counseling and other assistance to homeowners...
Maryland Code, Real Property Article, Title 7-105.1: Residential property foreclosure procedure; mediation
Maryland Legislature. Maryland Code, Jan. 1, 2019Resource Type: Legislation
Abstract: This statute requires lenders to give homeowners the option of requesting loan mitigation analysis prior to foreclosure. It also allows homeowners to request mediation after foreclosure is filed. Once mediation is requested, the case is referred to t...
Rules
Maryland Rules of Civil Procedure: Title 9- Family Law Actions, 9-205 Mediation of Child Custody and Visitation Disputes
Maryland Court of Appeals. Feb. 1, 2019Resource Type: Standards - Court
Abstract: Rule 9-205 addresses child custody or visitation cases or cases to modify existing orders of custody and visitation. After an action has been filed the court shall determine if mediation is appropriate and refer the parties to mediation if so. This r...
Maryland Rules of Procedure: Title 17 - Alternative Dispute Resolution
Maryland Court of Appeals. Feb. 1, 2019Resource Type: Legislation
Abstract: Title 17 addresses the rules regarding alternative dispute resolution in civil cases in Maryland. The rules outline definitions, the role of the mediator, basic mediation training programs, and mediation confidentiality. ...
Maryland Standards of Conduct for Mediators, Arbitrators, and Other ADR Practitioners
Maryland Mediation and Conflict Resolution Office. Jun. 29, 2012Resource Type: Standards - Court
Abstract: These standards of conduct for ADR practitioners are intended to be a guide for ADR practitioners, inform participants involved in ADR processes, and promote public confidence in ADR. These standards include rules and comments and cover: self-determi...
Maryland Program for Mediator Excellence (MPME) Mediation Framework Descriptions
Maryland Mediation and Conflict Resolution Office. May. 19, 2010Resource Type: Standards - Court
Abstract: This document covers several various mediation frameworks practiced in Maryland and includes information on facilitative mediation, inclusive mediation, transformative mediation, and analytical mediation. Each framework discusses the goal of each mod...
Maryland Program for Mediator Excellence (MPME) Standards of Conduct for Mediators
American Arbitration Association, the American Bar Association Section of Dispute Resolution, and the Association for Conflict Resolution. Apr. 1, 2006Resource Type: Standards - Court, Guidelines
Abstract: The Maryland Standards of Conduct for Mediators were prepared by the American Arbitration Association, the American Bar Association Section of Dispute Resolution, and the Association for Conflict Resolution and govern the Maryland Program for Mediato...
Reports
Impact of Mediation on Criminal Misdemeanor Cases
Charkoudian, Lorig; Maryland Administrative Office of the Courts. Sep. 1, 2016Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: In this study of criminal misdemeanor cases in Maryland, mediated cases in one county were compared to non-mediated cases in a similar county. The study of 206 cases examined the impact of mediation on later judicial actions in the case, as well as w...
Impact of Alternative Dispute Resolution on Responsibility, Empowerment, Resolution, and Satisfaction with the Judiciary Comparison of Short - and Long-Term Outcomes in District Court Civil Cases
Charkoudian, Lorig; Maryland Administrative Office of the Courts. Feb. 1, 2016Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: For this study of the effect of mediation on party attitudes and post-disposition activity, small claims cases were randomly offered the option to mediate on the day of trial. Parties in both the mediation group and the traditional group were intervi...
What Works in Child Access Mediation: Effectiveness of Various Mediation Strategies on Custody Cases and Parents’ Ability to Work Together
Charkoudain, Lorig; Community Mediation Maryland; Maryland Administrative Office of the Courts. Jan. 1, 2016Resource Type: Report
Abstract: Mediator strategies are the focus of this report on custody, visitation, and child access cases in Maryland. In the report, the researchers look at how what a mediator does affects the parties’ perception of their ability to work with the other party...
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation in Depth: Number of Mediations Conducted Per Month
Kulp, Heather Scheiwe. Aug. 1, 2011Resource Type: Report
Abstract: This report provides information on the number of foreclosure mediations being conducted in court-related programs in 12 states. The report is based on publicly available statistics collected by the author. It includes information on the statewide pr...
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
Report to the Joint Chairman: The Impact of the Mediation and Conflict Resolution Office's Work to Advance the Appropriate Use of Alternative Dispute Resolution in the Courts
Bell, Robert M.; Wohl, Rachel. Nov. 1, 2008Resource Type: Report
Abstract: This report discusses the use of appropriate forms of alternative dispute resolution (ADR) in Maryland and the impact of ADR on the Maryland court system. The report discuses mediation, settlement conferences, community conferences and arbitration an...
Meeting the Challenge of Mediator Excellence: Final Report of the Maryland Mediator Quality Assurance Committee
Mediator Quality Assurance Committee. May. 4, 2001Resource Type: Report
Abstract: This report describes a four-year project to develop a quality assurance system for mediators in Maryland. The report provides background information on mediation in Maryland and quality assurance at the national level and outlines the Mediator Quali...
The Effects of Court-Ordered Mediation in Workers' Compensation Cases Filed in Circuit Court: Results from an Experiment Conducted in the Circuit Court for Baltimore City
Mandell, Marvin B.; Marshall, Andrea. Jun. 2, 2001Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: This is a study of a pilot project to make mediation mandatory for workers' compensation cases. In the evaluation, cases were assigned either to a group for which mediation was mandatory, or to a group for which it was voluntary. The study found that...
The Impact of Teen Court on Young Offenders
Butts, Jeffrey A.; Buck, Janeen; Coggeshall, Mark B.. Urban Institute Justice Policy Center Research Report, Jan. 1, 2002Resource Type: Study
Abstract: This report relates the findings from the Evaluation of Teen Courts Project, which examined teen courts in Alaska, Arizona, Maryland and Missouri. The goal of the evaluation in each site was to assess the effect of the teen court process on the perce...
A Study of the Family Division, Circuit Court for Anne Arundel County's Mediation Program Performance During Calendar Year 2000
Cardullo Ortiz, Pamela; Keiser, Jennifer. Aug. 1, 2001Resource Type: Study
Abstract: This study provides an overview of family mediation in Anne Arundel County, MD. It discusses cases involving domestic violence, the participation of pro se litigants in mediation, overall participation rates in mediation, settlement rates (34% resul...
Community Mediation Trends and Needs: A Study of Virginia and Ten States
Wilkinson, James. Aug. 1, 2001Resource Type: Report
Abstract: This study was undertaken to determine what services community mediation centers around the United States are providing and how they are funded, to identify services provided by Virginia's community mediation centers and to identify funding options f...
Join the Resolution: The Maryland Alternative Dispute Resolution Commission Practical Action Plan
Aug. 12, 1999Resource Type: Report
Abstract: "After much research, discussion and a successful statewide consensus building effort, this Practical Action Plan explains the Commission's plan to work with other groups and individuals to: launch a comprehensive public awareness campaign about ADR...
ADR Growth in Maryland 1998-2007
Mediation and Conflict Resolution Office.Resource Type: Report
Abstract: This document compares alternative dispute resolution (ADR) in Maryland in 1998 and 2007. In 1998, there were seven child access mediation programs and no domestic settlement conference programs; in 2007, there were child access mediation programs in...
Contacts
Maryland Program for Mediator Excellence (MPME)
Jan. 1, 2018Resource Type: Program
Abstract: The Maryland Program for Mediator Excellence provides services for mediators in the state to help them develop their mediation skills. These services include continuing education classes and training programs, a skills-based mentoring program and net...
District Court of Maryland Alternative Dispute Resolution Program
Resource Type: Program
Abstract: The District Court of Maryland ADR Office creates and maintains ADR programs in the court, encourages the early use of ADR in court cases, and educates judges, court personnel, lawyers and litigants about the ADR opportunities available. The ADR Prog...