Rule 17-203 - Health Care Malpractice Actions(a)Applicability. This Rule applies to health care malpractice actions under Code, Courts Article, Title 3, Subtitle 2A.(b)Mandatory Referral to ADR; Timing. Within 30 days after a defendant has filed an answer to the complaint or within 30 days after a defendant has filed a certificate of a qualified expert pursuant to Code, Courts Article, Title 3, Subtitle 2A-04, whichever is later, the court shall issue a scheduling order requiring the parties to engage in ADR at the earliest practicable date, unless all parties file with the court an agreement not to engage in ADR and the court finds that ADR would not be productive. Cross reference: See Rule 2-504(b)(2)(C) and Code, Courts Article, § 3-2A-06 C (b).
(c)Designation(1) By the Parties. Within 30 days after the defendant has answered the complaint or filed a certificate of a qualified expert pursuant to Code, Courts Article, Title 3, Subtitle 2A-04, whichever is later, the parties may agree on an ADR practitioner and shall promptly notify the court of their agreement and the name of the ADR practitioner. A Notice of Selection of ADR Practitioner shall be substantially in the following form: | [Caption of Case] |
| NOTICE OF SELECTION OF ADR PRACTIONER BY STIPULATION |
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| We agree to attend ADR conducted by _______________________ |
| ____________________________________________________ |
| (Name, address, and telephone number of ADR Practitioner). |
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| 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 designate this ADR Practitioner in lieu of any court- appointed ADR Practitioner. |
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| _________________________________ | ____________________________________________________ |
| (Signature of Plaintiff) | (Signature of Defendant) |
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| _________________________________ | ____________________________________________________ |
| (Signature of Plaintiff's Attorney, if any) | (Signature of Defendant's Attorney, if any) |
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| [Add additional signature lines for any additional parties and attorneys.] |
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| 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 17-203(f). |
| 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
(2)By the Court. If the parties do not timely notify the court that they have agreed upon an ADR practitioner, the court promptly shall appoint a mediator who meets the qualifications prescribed by Rule 17-205(d) and notify the parties. Within 15 days after the court notifies the parties of the name of the mediator, a party may object in writing, stating the reason for the objection. If the court sustains the objection, the court shall appoint a different mediator.(d)Initial Conference; Outline of Case. The ADR practitioner shall schedule an initial conference with the parties as soon as practicable. At least 15 days prior to the initial conference, each party shall provide to the ADR practitioner a brief written outline of the strengths and weaknesses of the party's case. A party is not required to provide the outline to any other party, and the ADR practitioner shall not provide the outline or disclose its contents to anyone unless authorized by the party who submitted the outline. Cross reference: See Code, Courts Article, § 3-2A-06 C (h)(2) and (k).
(e)Discovery. If the ADR practitioner determines that discovery is necessary to facilitate the ADR, the ADR practitioner, consistent with the scheduling order, may mediate the scope and schedule of that discovery, adjourn the initial conference, and reschedule an additional conference for a later date.(f)Evaluation Forms. At the conclusion of the ADR, the ADR practitioner shall give to the parties any ADR evaluation forms and instructions provided by the court.(g)Notification to the Court. The parties shall notify the court if the case is settled. If the parties agree to settle some but not all of the issues in dispute, the ADR practitioner shall file a notice of partial settlement with the court. If the parties have not agreed to a settlement, the ADR practitioner shall file a notice with the court that the case was not settled.(h)Costs. Unless otherwise agreed by the parties, the costs of the ADR shall be divided equally between the parties.Adopted Nov. 1, 2012, eff. 1/1/2013.