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Alternative Dispute Resolution (ADR)

What is ADR?

The Montgomery County Circuit Court offers litigants the opportunity to participate in mediation, which is a form of ADR in which a mediator assists parties in reaching a resolution before trial. Mediation can be ordered at any time during the pendency of any civil case, including family cases. If mediation is ordered by the court, the ADR coordinator will assign a mediator from the court-approved roster of ADR mediators. Mediators assigned to a case by the ADR coordinator must charge the “court rate” for the mediation. Parties and counsel may also select their own mediator from the court-approved roster of ADR mediators. If the parties select a mediator on their own, the mediator may charge the parties his or her private hourly rate for the mediation.

Mediation is ordered in most civil cases, including family cases. All cases are assigned a track based on a number of factors related to the issues in the case. Mediation will not be ordered in domestic violence cases or cases in which the Court determines that ADR is inappropriate. Parties or counsel may opt out of mediation by informing the Court orally (in open court), or in writing.

Applying to be a Mediator

If you want to be listed as a Court-approved Mediator, you must fulfill the requirements set forth in Title 17 of the Maryland Rules.

After the Administrative Judge reviews your application, you will receive a letter informing you of the results.

  1. Download the ADR Mediator Application. (PDF)
  2. NOTE: The application form requires you to have Adobe Reader version 8 or higher. Visit the Adobe Acrobat website to download the latest Adobe Reader version for free.
  3. Complete the application in its entirety.
  4. NOTE: If you are completing the application on a Mac, please note the "Preview" application will not transmit your information to us. Be sure to save your PDF to your local computer.
  5. Email the completed application to MediatorApp@mcccourt.com, along with the attachments necessary as stated in Title 17.

 

Frequently Asked Questions About ADR

The Court maintains a roster of mediators who have submitted applications, fulfilled the requirements set forth in Title 17 of the Maryland Rules, and have been approved by the Administrative Judge. The list includes Senior Judges, attorneys, mental health professionals, educators, and others. The list can be obtained by calling the ADR Director at 240-777-9108.

If the Court has chosen a mediator who is not acceptable to the parties or counsel, the Court may order a substitution. The process for obtaining a substitution is set forth in Maryland Rule 17-202.

Circuit Court rules governing ADR may be accessed through Title 17 (Alternative Dispute Resolution)

You may also download the Request to Substitute ADR Practitioner form (PDF).

Mediation sessions are usually held at the Mediator’s office but may be held at other locations, such as the Circuit Court Law Library on the 3rd floor of the North Tower.

Mediation sessions are usually scheduled for a period of 3 hours but may be extended or shortened at the discretion of the parties, counsel, or the mediator.

To request an ADR Order, please contact the ADR Coordinator at 240-777-9108. Parties and counsel may also request an ADR order during a scheduling, motions, or pretrial hearing.

When you request an Order for ADR from the Court, the Order you receive will include instructions regarding the mediation. You will also receive a document called the “Confidential ADR Statement,” which you should fill out and send to the Mediator before mediation. This allows the Mediator to prepare for the mediation.

Complete the Confidential ADR Statement and mail that document to the Mediator in advance of the scheduled mediation. Be prepared to discuss the merits of your case with the Mediator in detail and bring any documents with you that you might need to reference during the mediation. Be prepared to sign a document at the beginning of the mediation session that sets forth the procedures and parameters for the mediation. This document includes information about the confidentiality of communications that occur during mediation.

The court may order the parties in a civil case, or a family case involving the division of marital property, to attend mediation. Mediation is a form of Alternative Dispute Resolution, or “ADR.” The court’s ADR program for civil cases and family cases involving the division of marital property, is different from the court’s Custody Mediation Program. The main difference is that the court’s ADR program is not free, and the litigants must compensate the mediator at the rate of $200/hour. However, the Custody Mediation Program is free of charge, as long as the parties have an open case and they qualify for the mediation session. The Custody Mediation Program gives the parties the opportunity to discuss and resolve issues involving their children, such as primary residential care, decision making, and visitation.

For more information on the Custody Mediation Program, please contact Family Division Services. For more information on the court’s ADR program, please contact the office of the Special Magistrate.

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