ADR - Montgomery County, MD Circuit Court

What is ADR?

The Montgomery County Circuit Court offers litigants the opportunity to participate in mediation, which is a form of Alternative Dispute Resolution (ADR) in which a mediator assists parties in reaching a resolution before trial. Mediation can be ordered at any time during the pendency of any civil case, including family cases. If mediation is ordered by the court, the ADR coordinator will assign a mediator from the court-approved roster of ADR mediators. Mediators assigned to a case by the ADR coordinator must charge the “court rate” for the mediation. Parties and counsel may also select their own mediator from the court-approved roster of ADR mediators. If the parties select a mediator on their own, the mediator may charge the parties his or her private hourly rate for the mediation. The mediation must be completed by the date set forth in the Order, which is usually about one week in advance of the case’s pretrial hearing.

For Civil cases, ADR will be ordered after the parties have been served (or an Answer is filed and after dispositive motions have been ruled on (if applicable)), and the Mediation will need to be completed by the settlement pretrial hearing unless the parties have requested an extension of the deadline. If the parties do not wish to participate in ADR, they must follow the rules to vacate ADR as found in Title 17 of the Maryland Rules. If an Order for ADR was not issued before the settlement pretrial hearing, parties may request it at the pretrial hearing (the mediation will need to be completed by the trial date).

For Family cases, custody mediation and/or property mediation will be ordered, if deemed appropriate by the Family Magistrate, at the scheduling hearing. Custody mediation is at no cost to the parties, and the date of the mediation will be selected at the scheduling hearing. Any questions regarding child custody mediation, please visit the Child Custody Access Mediation Program page. If the parties are ordered to property mediation, then the ADR coordinator will assign the mediator; parties are responsible for the mediator’s fees, which may be the “court rate.” This mediation must be completed before the settlement pretrial hearing. Parties may request an extension to complete ADR by filing a motion. If parties were not ordered to custody or property mediation at the scheduling hearing, a written motion requesting mediation may be filed, and the court will review the request on a case-by-case basis.

Online ADR Forms

ADR Outcome Form

Download ADR Forms

Civil Confidential ADR Statement (PDF)
Family Confidential ADR Statement (PDF)
Agreement to Mediate (PDF)
Selection of ADR Provider by Stipulation (PDF)

Applying to be a Mediator

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. Additionally, all approved mediators are required to complete 4 hours of mediation training each calendar year per the Maryland Rules to be eligible to receive ongoing ADR appointments. The Mediation and Conflict Resolution Office (MACRO) within the Administrative Office of the Courts will manage the application process and annual continuing education requirement.

To apply to become a Court-approved Mediator:

Go to the Maryland Judiciary's statewide rosters page by using the link Apply to Join a Court Alternative Dispute Resolution (ADR) Roster.
To start your application, click on the "Apply Now" button in the Circuit Court Mediator Application section.
If you are applying to be a mediator in Medical Malpractice and Business and Technology(B+T) cases, you will have to submit that application to MACRO. Applications are accessible on the MACRO website.
For any questions, please contact MACRO at 410-260-3540 or [email protected].

MACRO will review and approve all applications. The assignment and management of cases will remain fully within the discretion of our court.

Frequently Asked Questions About ADR

Who is on the Court Roster of ADR Mediators?

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. The list includes Senior Judges, attorneys, and others. The list can be obtained by calling the ADR Coordinator at 240-777-9054.

How much does mediation cost?

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 6 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 will pay the mediator’s private rate. The cost of the mediation is shared by the parties on a pro rata basis, (cost is split by the number of parties even if two parties, for example are represented by the same attorney) 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 set for 3 hours and is at no cost to the parties. Mediators for custody mediation are selected by Family Division Services. All parties and counsel must be present.

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, the Court may order a substitution, after the parties file a request. 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).

Where does mediation take place?

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 may also be held virtually. This option may be discussed with the selected mediator.

How long is the mediation session?

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. Additional sessions may be scheduled as agreed upon by the parties, counsel, and mediator.

How do I request an interpreter for ADR?

Court interpreters can only assist in ADR sessions that occur within the courthouse. A separate interpreter request must be filed, specifically stating the interpreter is needed for ADR. A general interpreter request is not sufficient to request assistance for ADR. Requests for an interpreter may be filed with the Civil and Family Department.

How do I request an Order for ADR?

For Family cases, custody and access mediation will be scheduled at the scheduling hearing, which is the first hearing in any contested case. For marital property issues in family cases, the family magistrate presiding over the scheduling hearing will refer the case to ADR. Once the ADR referral has been made and reviewed, an ADR order will be issued. 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 or pending dispositive motions). However, parties may also request mediation by filing a motion in the case if they have not received an Order for ADR.

What will I receive from the Court when I request an Order for ADR?

When you request an Order for ADR from the Court, the Order that is issued will include specific instructions regarding the mediation process. 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.

How do I prepare for mediation?

You must complete the Confidential ADR Statement and mail or email 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.

What is the difference between ADR and custody 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, which addresses custody and access issues. 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.

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