§ 3-2A-06C. Alternative dispute resolution
West's Annotated Code of MarylandCourts and Judicial Proceedings
MD Code, Courts and Judicial Proceedings, § 3-2A-06C
§ 3-2A-06C. Alternative dispute resolution
(b)(1) This section does not apply if:
(c) In addition to the qualifications and requirements of Title 17 of the Maryland Rules, the Court of Appeals may adopt rules requiring a mediator, neutral provider, or individual conducting a settlement conference to have experience with health care malpractice claims.
(d) Within 30 days of the later of the filing of the defendant's answer to the complaint or the defendant's certificate of a qualified expert under § 3-2A-04 of this subtitle, the court shall order the parties to engage in alternative dispute resolution at the earliest possible date.
(e)(1) Within 30 days of the later of the filing of the defendant's answer to the complaint or the defendant's certificate of a qualified expert under § 3-2A-04 of this subtitle, the parties may choose a mediator, neutral provider, or individual to conduct a settlement conference.
(f)(1) If the parties do not notify the court that they have chosen a mediator, neutral provider, or individual to conduct a settlement conference within the time required under subsection (e) of this section, the court shall assign a mediator, neutral provider, or individual to conduct a settlement conference to the claim within 30 days.
(g) The mediator, neutral provider, or individual conducting a settlement conference shall schedule an initial conference with the parties as soon as practicable.
(h)(1) At least 15 days before the initial conference, the parties shall send to the mediator, neutral provider, or individual conducting a settlement conference a brief written outline of the strengths and weaknesses of the party's case.
(i)(1) Alternative dispute resolution under this section may not operate to delay discovery in the action.
(2) If the mediator, neutral provider, or individual conducting a settlement conference finds that the parties need to engage in discovery for a limited period of time in order to facilitate the alternative dispute resolution, the mediator, neutral provider, or individual conducting a settlement conference may mediate the scope and schedule of discovery needed to proceed with the alternative dispute resolution, adjourn the initial conference, and reschedule an additional conference for a later date.
(j) A neutral expert may be employed in alternative dispute resolution under this section as provided in Title 17 of the Maryland Rules.
(k) In accordance with Maryland Rule 17-109, the outline described in subsection (h) of this section and any written or oral communication made in the course of a conference under this section:
(l) Unless excused by the mediator, neutral provider, or individual conducting a settlement conference, the parties and the claims representative for each defendant shall appear at all conferences held under this section.
(m) A party who fails to comply with the provisions of subsection (h), (k), or (l) of this section is subject to the sanctions provided in Maryland Rule 2-433.
(n)(1) If a case is settled, the parties shall notify the court that the case has been settled.
(o) Unless otherwise agreed by the parties, the costs of alternative dispute resolution shall be divided equally between the parties.
Credits
Added by Acts 2004, 1st Sp. Sess., c. 5, § 1, eff. Jan. 11, 2005.
MD Code, Courts and Judicial Proceedings, § 3-2A-06C, MD CTS & JUD PRO § 3-2A-06C
Current with legislation effective through June 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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