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RULE 17-205. QUALIFICATIONS OF COURT-DESIGNATED MEDIATORS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 17. Alternative Dispute Resolution
Chapter 200. Proceedings in Circuit Court
MD Rules, Rule 17-205
RULE 17-205. QUALIFICATIONS OF COURT-DESIGNATED MEDIATORS
(a) Basic Qualifications. A mediator designated by the court shall:
(1) unless waived by the parties, be at least 21 years old;
(2) have completed at least 40 hours of basic mediation training in a program meeting the requirements of Rule 17-104 or, for individuals trained prior to January 1, 2013, former Rule 17-106;
(3) be familiar with the rules, statutes, and practices governing mediation in the circuit courts;
(4) have mediated or co-mediated at least two civil cases;
(5) complete in each calendar year four hours of continuing mediation-related education in one or more of the topics set forth in Rule 17-104;
(6) abide by any mediation standards adopted by the Court of Appeals;
(7) submit to periodic monitoring of court-ordered mediations by a qualified mediator designated by the county administrative judge; and
(8) comply with procedures and requirements prescribed in the court's case management plan filed under Rule 16-302 (b) relating to diligence, quality assurance, and a willingness to accept, upon request by the court, a reasonable number of referrals at a reduced-fee or pro bono.
(b) Business and Technology Cases. A mediator designated by the court for a Business and Technology Program case shall, unless the parties agree otherwise:
(1) have the qualifications prescribed in section (a) of this Rule; and
(2) within the two-year period preceding an application for approval pursuant to Rule 17-207, have served as a mediator in at least five non-domestic civil mediations, at least two of which involved types of conflicts assigned to the Business and Technology Case Management Program.
(c) Economic Issues in Divorce and Annulment Cases. A mediator designated by the court for issues in divorce or annulment cases other than those subject to Rule 9-205 shall:
(1) have the qualifications prescribed in section (a) of this Rule;
(2) have completed at least 20 hours of skill-based training in mediation of economic issues in divorce and annulment cases; and
(3) have served as a mediator or co-mediator in at least two mediations involving marital economic issues.
(d) Health Care Malpractice Claims. A mediator designated by the court for a health care malpractice claim shall, unless the parties agree otherwise:
(1) have the qualifications prescribed in section (a) of this Rule;
(2) within the two-year period preceding an application for approval pursuant to Rule 17-207, have served as a mediator in at least five non-domestic civil mediations, at least two of which involved types of conflicts assigned to the Health Care Malpractice Claims ADR Program;
(3) be knowledgeable about health care malpractice claims through experience, training, or education; and
(4) agree to complete any continuing education training required by the court.
Cross reference: See Code, Courts Article, § 3-2A-06C.
(e) Foreclosure Cases.
(1) This section does not apply to an ADR practitioner selected by the Office of Administrative Hearings to conduct a “foreclosure mediation” pursuant to Code, Real Property Article, § 7-105.1 and Rule 14-209.1.
(2) A mediator designated by the court in a proceeding to foreclose a lien instrument shall, unless the parties agree otherwise:
(A) have the qualifications prescribed in section (a) of this Rule; and
(B) through experience, training, or education, be knowledgeable about lien instruments and federal and Maryland laws, rules, and regulations governing foreclosure proceedings.
(f) Experience Requirement. The experience requirements in this Rule may be met by mediating in the District Court or the Court of Special Appeals.
Source: This Rule is derived in part from former Rule 17-104 (a),(c),(d),(e), and (f) (2012) and is in part new.

Credits

[ Adopted Nov. 1, 2012, eff. Jan. 1, 2013. Amended June 6, 2016, eff. July 1, 2016.]

Editors' Notes

HISTORICAL NOTES
2016 Orders
The June 6, 2016, order revised internal references in the Rule.
MD Rules, Rule 17-205, MD R ADR Rule 17-205
Current with amendments received through September 1, 2017
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