§ 3-1802
318 words·~1 min read·
/md/courts-and-judicial-proceedings/3-1802·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§3–1802.
(a)Except as provided in subsection
(b)of this section, this subtitle applies to a mediation in which:
(1)The parties are required to mediate by law;
(2)The parties are referred to mediation by an administrative agency or arbitrator; or
(3)The mediator states in writing to any and all parties to the mediation and persons with whom the mediator has engaged in mediation communications that:
(i)The mediation communications will remain confidential in accordance with this subtitle; and
(ii)The mediator has read and, consistent with State law, will abide by the Maryland Standards of Conduct for Mediators during the mediation.
(b)This subtitle does not apply to a mediation:
(1)To which Title 17 of the Maryland Rules applies;
(2)Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;
(3)Relating to a dispute that is pending under, or is part of the processes established by, a collective bargaining agreement unless the dispute has been filed with an administrative agency or court;
(4)Relating to an action to enforce an agreement to arbitrate under common law, the Federal Arbitration Act, the Maryland Uniform Arbitration Act under Subtitle 2 of this title, or the Maryland International Commercial Arbitration Act under Subtitle 2B of this title;
(5)Relating to an action to foreclose a lien against an owner–occupied residential property subject to foreclosure mediation conducted by the Office of Administrative Hearings under Maryland Rule 14–209.1;
(6)Arising from a referral of a matter to a magistrate, examiner, auditor, or parenting coordinator under Maryland Rules 2–541, 2–542, 2–543, or 9–205.2; or
(7)Conducted by a judge who might make a ruling on a case based on the dispute.
(c)The parties and the mediator, by a written and signed agreement made in advance of the mediation, may agree to exclude all or part of the mediation communications from the application of this subtitle.