- What is the court sponsored ADR program?
- Who is on the court roster of ADR mediators?
- How much does mediation cost?
- Where does mediation take place?
- How long is the mediation session?
- How do I request an order for ADR?
- What if I do not want the mediator selected by the court but I still want to participate in mediation?
- What will I receive from the court when I request an order for ADR?
- How do I prepare for mediation?
- What if I want to be included on the roster of court approved mediators?
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 prior to trial. Mediation can be ordered at anytime during the pendency of any civil case, including family cases. Parties and counsel are encouraged to select a mediator from a roster of mediators who have been approved by the court. Beginning in 2014, Mediation will be ordered in most civil cases (including family cases), except as provided below. 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.
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 is comprised of retired judges, attorneys, mental health professionals, educators and others. The list can be obtained by calling the Clerk of the Court at 240-777-9467.
In accordance with Maryland Rule 17-208, if the court designates the mediator, the parties pay the reduced hourly rate set by the court. The court rate for Track 21 and 3 cases is currently $200.00 per hour; the court rate for Tracks 4 through 8 is $250.00 per hour. If the parties designate their own mediator (including a mediator who is included on the court’s roster) the court rate does not apply and the parties pay the mediator’s private rate. The cost of the mediation is shared by the parties on a pro rata basis, unless the parties agree otherwise.
Mediation sessions are usually held at the mediator’s office but may be held at other locations, such as the circuit court library.
Mediation sessions are usually scheduled for a period of three (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 Director at 240-777-9108. Parties and counsel may also request an ADR order during a scheduling, motions or pretrial hearing.
WHAT IF I DO NOT WANT THE MEDIATOR SELECTED BY THE COURT BUT I STILL WANT TO PARTICIPATE IN MEDIATION?
If the court has chosen a mediator who is not acceptable to the parties or counsel, a substitution may be ordered. The process for obtaining a substitution is set forth in Maryland Rule 17-202. The Circuit Court rules governing ADR may be accessed by selecting this link: Maryland Circuit Court Rules, Title 17.
When you request an order for ADR from the court, you will receive an order for ADR which includes instructions regarding the mediation. In addition, you will receive a document called “Confidential ADR Statement” which you should fill out and send to the mediator prior to 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 which sets forth the procedures and parameters for the mediation. This document includes information about the confidentiality of communications that occur during mediation.
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. A Form-Fillable PDF application must be submitted by selecting this link: Montgomery County Circuit Court Mediator Application"(). After your application is reviewed by the Administrative Judge, you will receive a letter informing you of the results.
- Please open the “Mediator Application”. Mac users MUST use Adobe to complete the application. The Mac "Preview" application will not transmit your information to us. The application form requires you to have Adobe Reader version 8 or higher. Go to http://get.adobe.com/reader/ to download the latest Adobe Reader version.
- On the last page of the Application there is a “Submit by E-mail” button, which will provide further instructions on how to email the application along with the attachments necessary as stated in Title 17.
1All cases are assigned a track based on a number of factors related to the issues in the case.
Confidential ADR Statement Forms
ADR Data Sheet
Montgomery County Circuit Court Mediator Application
Agreement to Mediate
- Agreement to Mediate
50 Maryland Avenue, Rockville, Maryland 20850
Office Hours: Monday through Friday, 8:30 AM - 4:30 PM