2021 Judicial Conference Program

with Maryland Rule 17-304 (applicants must be at least 21). The ADR office circulated a revised application to the subcommittee for review and comment; however, this topic was temporarily tabled to discuss and identify how ADR could be utilized to support the courts re-opening plan and potential civil case backlog. Courts Reopening and Utilizing ADR Having identified the breadth of the civil case backlog and acknowledging the effectiveness ADR played in pre-pandemic court services, the subcommittee discussed the idea of creating an Order to Mediation template (as provided by Maryland Rule 17-302(a)) and a complimentary guide of information for judges to consider when an objection to ADR is filed by a party to the case (as provided by Maryland Rule 17-302(c). The subcommittee discussed case attributes like self-represented and represented cases, concerns around and ideas to engage MSBA support for ADR, volume of civil cases, and civil case types for particular ADR processes (mediation process in contract, small claims, and self-represented vs. settlement conference process in tort large claims and attorney represented), as well as where the greatest volume and need exists to help courts address backlogs. Because mediation may not be appropriate in cases where a party may feel threatened or vulnerable and unable to or uncomfortable negotiating for themselves, the subcommittee discussed having the ADR office screening potential cases to identify those cases that should be redirected back to the trial path. The discussion raised questions about the business process associated with creating orders, identifying inappropriate cases and returning to the trial path, and for other cases, parties raising objections to the order, and the additional workflow that would be necessary to address the objection. It appeared that an order, while aimed at reducing the backlog, would create more work for a clerk’s office to undertake. Instead, the subcommittee discussed the current approach to inviting parties to try mediation prior to trial and identified changes to the letter aimed to increase voluntary participation in pre-trial ADR. The subcommittee was undecided on completing the draft order to mediation template given the anticipated increase in workload for the clerk’s offices that may result from sending orders, adding orders to case files, and fielding any objections filed in the case. ADR in the Maryland Rules Subcommittee The subcommittee had two meetings during the reporting period, during which the members began a section by section overview of the Title 17 Rules and identified priorities for rule changes and evaluation. Priorities identified for discussion included: 1. Statewide Roster- Creation of a centralized statewide application process for circuit court ADR practitioners. 2. ADR Case Management Opt-out issues and presumptive mediation models 3. Definitions Mediation Other ADR processes 4. Confidentiality Permitted disclosures (Practitioner Activity Report, evaluation forms, Quality Concerns and ADR etc.) Settlement Conference Confidentiality 5. Mediator Training & Qualifications 6. Training Content Requirements (live role plays, agreement writing, 40 hr. etc.) Training elements from the new standards of conduct Online trainings Observation requirements Continuing education requirements 7. Trainer Certification 8. Fees Pre and post mediation communication Settlement Conference Neutral Case Evaluators 9. Considerations for Remote Delivery of Services 10. Housekeeping- Reconciling Rules changes and other areas of the Rules or Annotated Code

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