Alternative Dispute Resolution (ADR)

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 2 and 3 cases is currently $200 per hour; the Court rate for Tracks 4 through 8 is $250 per hour. If the parties choose their own mediator (including a mediator from 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. Parties ordered to custody mediation at the scheduling hearing will select a date for the mediation. Please see the custody mediation page for more details. This mediation is for 3 hours and at no cost to the parties. All parties and counsel must be present.

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.

For Family cases, mediation will be scheduled at the scheduling hearing (the first hearing in any contested case). Thereafter, the parties can request it by filing a motion in the case and providing the reasons for requesting mediation. For Civil cases, mediation will be ordered after all parties are served (or answers are filed and no defaults are pending). However, parties may also request mediation by filing a motion in the case if they have not received an Order for ADR.

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.