What is ADR?
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 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.
Mediation is ordered in most civil cases, including family cases. All cases are assigned a track based on a number of factors related to the issues in the case. 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.