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There are several types of ADR (e.g., negotiation, mediation, collaborative law, and arbitration) all of which are dispute resolution alternatives to litigation. The Montgomery County Circuit Court offers litigants the opportunity to participate in mediation, which involves a third party who facilitates the resolution process but does not impose a resolution on the parties. The process is voluntary. This service is offered at any time during the pendency of any civil or family case.
Counsel and litigants who wish to participate in the ADR program are encouraged to select from a list of mediators who have been approved by the court. Mediators who have been approved by the court have agreed to charge a reduced hourly fee of $200.00, which is to be shared equally by the parties and paid at the conclusion of the mediation session. Mediations are scheduled in three (3) hour blocks of time and are usually held at the mediator’s office.
To request an Order for ADR, please contact the ADR Coordinator at 240-777-9108. If counsel agree on a mediator, an Order will be generated appointing that mediator provided that he or she is included on the court’s list of approved mediators. If counsel prefer, the Special Master will select a mediator with appropriate training and experience. Once the Order for ADR is generated, counsel and all self-represented parties will receive a packet of materials including: (1) the Order for ADR, and (2) a confidential ADR statement which should be completed and mailed to the mediator at least five days in advance of the scheduled mediation. At the beginning of the mediation, the parties and counsel will be required to sign an Agreement to Mediate, which sets forth the procedures and parameters for the mediation.
If a person wants to become a member of the roster of court approved mediators, that person must meet the requirements set forth in Title 17 of the Maryland Rules. In addition, that person must submit an application to the Administrative Judge (see below for a blank application form). The Administrative Judge will send a letter to the applicant informing him or her of the results.
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