Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening.
Maryland Motion By Plaintiff to Refer Cause to Mediation
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Multi-State
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US-01006BG
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Word;
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A mediator may help identify issues and options, assist the parties and their attorneys in exploring the needs underlying their respective positions, and, upon request, record points of agreement expressed and adopted by the parties.
Admin. 16-901. Except as expressly provided or limited by other Rules, the Rules in this Chapter govern public access to judicial records, whether in paper or electronic form, that are in the custody of a judicial agency, judicial personnel, or a special judicial unit.
(a) General Applicability of Title. Except as provided in sections (b) and (f) of this Rule, the Rules in this Title apply when a court refers all or part of a civil action or proceeding to ADR.
Mediators who are approved to practice on a circuit court roster must meet the qualifications set forth in Maryland Rule 17-205(a), which include the completion of at least 40 hours of basic mediation training and familiarity with the rules, statutes, and practices governing mediation in the circuit courts.
Rule 17-201 - Authority to Order ADR (a) Generally. A circuit court may order a party and the party's attorney to participate in ADR but only in ance with the Rules in this Chapter and in Chapter 100 of this Title. (b) Referral Prohibited.
You should follow these tips about what to avoid saying and doing to improve your chances of a successful mediation. Don't Be Disrespectful. ... Mediation is Not About Placing Blame. ... Don't Demand More Money. ... Don't Introduce Brand New Information. ... Don't Say, ?That's Confidential Information? ... Don't Make Ultimatums.