Md. R. ADR 17-101

As amended through November 13, 2024
Rule 17-101 - Applicability
(a)General Applicability of Title. Except as provided in sections (b) and (f) of this Rule, the Rules in this Title apply when a court refers all or part of a civil action or proceeding to ADR.

Committee note: The Rules in this Title other than the Rules in Chapter 500 do not apply to an ADR process in which the parties participate without a court order of referral to that process.

(b)Exceptions. Except as otherwise provided by Rule, the Rules in this Title do not apply to:
(1) an action or order to enforce a contractual agreement to submit a dispute to ADR;
(2) an action to foreclose a lien against owner-occupied residential property subject to foreclosure mediation conducted by the Office of Administrative Hearings under Rule 14-209.1;
(3) an action pending in the Health Care Alternative Dispute Resolution Office under Code, Courts Article, Title 3, Subtitle 2A, unless otherwise provided by law; or
(4) a matter referred to a magistrate, examiner, auditor, or parenting coordinator pursuant to Rule 2-541, 2-542, 2-543, or 9-205.2.
(c)Applicability of Chapter 200 The Rules in Chapter 200 apply to actions and proceedings pending in a circuit court.
(d)Applicability of Chapter 300. The Rules in Chapter 300 apply to actions and proceedings pending in the District Court.
(e) Applicability of Chapter 400. The Rules in Chapter 400 apply to civil appeals pending in the Appellate Court.
(f) Applicability of Chapter 500. The Rules in Chapter 500 apply to collaborative law processes under the Maryland Uniform Collaborative Law Act, regardless of whether an action or proceeding is pending in a court.
(g) Applicability of Chapter 600. The Rules in Chapter 600 apply to actions and proceedings in an orphans' court as specified in Rule 17-601(b).

Md. R. ADR 17-101

This Rule is derived from former Rule 17-101(2011).

Adopted Nov. 1, 2012, eff. 1/1/2013. Amended Oct. 17, 2013, eff. 1/1/2014; 3/2/2015, eff. 7/1/2015; 9/17/2015, eff. 1/1/2016; 4/9/2018, eff. 7/1/2018; amended April 21, 2023, eff. 4/1/2023.

HISTORICAL NOTES

2013 Orders

The October 17, 2013, order, corrected a Committee note and added a section (e) pertaining to the applicability of Chapter 400.

2015 Orders

The March 2, 2015 order added a new section (f) pertaining to the applicability of Chapter 500 and made conforming amendments to section (a) and to the Committee note following section (a).

The September 17, 2015, order, changed the term "master to "magistrate.

2018 Orders

The April 9, 2018 order, added a new section (g).