Committee note: If a settlement conference is required, it should be conducted subsequent to any other court-referred ADR.
Committee note: Examples of the use of indirect designation are referrals of indigent litigants to publicly funded community mediation centers and referrals of one or more types of cases to a mediation unit of the court.
Committee note: Having a maximum number of hours in the court's order of referral encourages participation in ADR by assuring the parties that the ADR does not require an open-ended commitment of their time and money. Although the parties, without further order of court, may extend the ADR beyond the maximum, an amendment to the time requirements contained in a scheduling order may be made only by order of the court.
Cross reference: See Rule 2-504, concerning scheduling orders, and Rule 17-208, concerning fee schedules and sanctions for noncompliance with an applicable schedule.
[Caption of Case] | |
REQUEST TO SUBSTITUTE ADR PRACTIONER AND SELECTION OF ADR PRACTIONER BY STIPULATION | |
We agree to attend ADR conducted by _____________________________________________ | |
___________________________________________________________________________ | |
(Name, address, and telephone number of ADR Practitioner). | |
We have made payment arrangements with the ADR Practitioner and we understand that the court's fee schedules do not apply to this ADR. We request that the court substitute this ADR Practitioner for the ADR Practitioner designated by the court. | |
_____________________________ | __________________________________________________________________________ |
(Signature of Plaintiff) | (Signature of Defendant) |
_____________________________ | __________________________________________________________________________ |
(Signature of Plaintiff's Attorney, if any) | (Signature of Defendant's Attorney, if any) |
[Add additional signature lines for any additional parties and attorneys.] | |
I, _________________________________________________________________________, | |
(Name of ADR Practitioner) | |
agree to conduct the following ADR in the above-captioned case [ check one]: |
[] | mediation in accordance with Rules 17-103 and 17-105. |
[] | ADR other than mediation: __________ [specify type of ADR]. |
At the conclusion of the ADR, I agree to comply with the provisions of Rule 17-202(h). | |
I solemnly affirm under the penalties of perjury that I have the qualifications prescribed by the following Rules [check all that are true]: | |
[] | Rule 17-205(a) [Basic mediation] |
[] | Rule 17-205(b) [Business and Technology] |
[] | Rule 17-205(c) [Economic Issues--Divorce and Annulment] |
[] | Rule 17-205(d) [Health Care Malpractice] |
[] | Rule 17-205(e) [Foreclosure] |
[] | Rule 17-206 [ADR other than mediation] |
[] | None of the above. |
________________________
Signature of ADR Practitioner
Md. R. ADR 17-202
This Rule is derived in part from former Rule 17-103(b) and (c)(2)-(4) (2012) and is in part new.