Maryland Mediation Confidentiality Act: The Maryland General Assembly enacted Senate Bill 856 as Maryland Code, subtitle 18, sections 3-1801 through 3-1806 of the Courts and Judicial Proceedings Article, effective October 1, 2012. As originally enacted, the Act applied to a mediation in which the parties agreed that mediation communications would be confidential. Effective October 1, 2013, the Act was amended to provide that the Act applies unless the parties agree to exclude all or part of the mediation communications from application of the Act.
Title 17 of the Maryland Rules: Title 17 applies to court ordered ADR proceedings.
Below are the forms that need to be completed and brought to a mediation session.
Confidentiality Agreement: The Mediator and all Participants, including the parties’ attorneys, need to sign the Confidentiality Agreement before beginning mediation. The confidentiality agreement tracks the language of the Maryland Mediation Confidentiality Act.
Confidential Statement: Counsel for appellant and appellee, self represented, or other interested parties may be asked to provide information to the mediator prior to the mediation or may choose to provide such information absent a request. Pre-mediation communications do not need to be provided to opposing counsel/party(ies). If they are provided, please advise the meditator so that the mediator is aware that the information is not confidential. Otherwise, communications with the mediator are confidential and will not be disclosed without consent, subject to the exceptions contained in the Confidentiality Agreement. In addition to the information suggested in the attached form, please provide a copy of all documents which would be useful for the mediation to review prior to the mediation session.
Dispute Resolution Proceedings Other Than Mediation: The agreement between the parties and the agreement between the parties and Eyler Dispute Resolution will vary to fit the circumstances.