Maryland Order of Court to be Assigned to a Mediator

State:
Maryland
Control #:
MD-JB-130-05
Format:
PDF
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A02 Order of Court to be Assigned to a Mediator
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FAQ

A disadvantage to mediation is that the parties may not be able to come together on an agreement and will end up in court anyway. Arbitration is a more formal process for resolving disputes. Arbitration often follows formal rules of procedure and the arbitrator may have legal training that a mediator does not.

There are essentially 5 steps to a successful mediation. They are comprised of the introduction; statement of the problem; information gathering; identification of the problems; bargaining; and finally, settlement.

Exercise Due Diligence in Selecting the Mediator. Identify and Involve Client Representatives. Determine Whether Information Exchanges Are Necessary. Prepare Arguments Supporting Legal Positions and Settlement Positions. Prepare a Confidential Written Statement to the Mediator in Advance of the Mediation Session.

A mediation agreement document is a contract.If the mediation was court-ordered, then the agreement is filed with the court as the court's judgment, and the case is dismissed. In these cases, the agreement is a legally binding and enforceable contract.

The mediators on the list may have subject-matter expertise or other experience, consistent with the parties' needs in the case. FINRA will include a disclosure report for each mediator on its roster.The parties may select their mediator from the initial list FINRA sends or may ask for additional lists.

Decide When to Mediate. Learn About Your Mediator. Analyze Your Case Early and Often. Prepare an Effective and Persuasive Mediation Statement. Consider a Conference Call with the Mediator before the Mediation. Decide Who Will Attend and Who Will Speak at the Mediation. Master Mediation Etiquette.

Planning. Mediator's introduction. Opening remarks. Joint discussion. Caucuses. Negotiation. What do you think is most valuable to the mediation process?

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Maryland Order of Court to be Assigned to a Mediator