Rule 17-207 - Procedure for Approval(a) Generally.(1)Scope. This section applies to individuals who seek eligibility for designation by a court to conduct ADR pursuant to Rule 9-205, Rule 14-212, or Rule 17-201 other than in actions assigned to the Business and Technology Case Management Program or the Health Care Malpractice Claims ADR Program.(2)Application. An individual seeking designation to conduct ADR shall file an application with the clerk of the circuit court from which the individual is willing to accept referrals. The application shall be substantially in the form approved by the State Court Administrator and shall be available from the clerk of each circuit court. The clerk shall transmit each completed application, together with all accompanying documentation, to the county administrative judge or the judge's designee.(3)Documentation.(A) An application for designation as a mediator shall be accompanied by documentation demonstrating that the applicant meets the requirements of Rule 17-205(a) and, if applicable, Rule 9-205(c)(2) and Rule 17-205(c) and (e).(B) An application for designation to conduct ADR other than mediation shall be accompanied by documentation demonstrating that the applicant is qualified as required by Rule 17-206(a).(C) The State Court Administrator may require the application and documentation to be provided in a word processing file or other electronic format.(4)Action on Application. After such investigation as the county administrative judge deems appropriate, the county administrative judge or designee shall notify the applicant of the approval or disapproval of the application and the reasons for a disapproval.(5)Court-Approved ADR Practitioner and Organization Lists. The county administrative judge or designee of each circuit court shall maintain a list:(A) of mediators who meet the qualifications set forth in Rule 17-205(a), (c), and (e);(B) of mediators who meet the qualifications of Rule 9-205(c);(C) of other ADR practitioners who meet the applicable qualifications set forth in Rule 17-206(a); and(D) of ADR organizations approved by the county administrative judge.(6)Public Access to Lists. The county administrative judge or designee shall provide to the clerk of the court a copy of each list, together with a copy of the application filed by each individual on the lists. The clerk shall make these items available to the public.(7)Removal From List. After notice and a reasonable opportunity to respond, the county administrative judge may remove a person from a court-approved list for failure to maintain the qualifications required by Rule 17-205, Rule 9-205(c), or Rule 17-206(a) or for other good cause.(b) Business and Technology and Health Care Malpractice Programs.(1)Scope. This section applies to individuals who seek eligibility for designation by a court to conduct ADR pursuant to Rule 17-201 in an action assigned to the Business and Technology Case Management Program or pursuant to Rule 17-203 in an action assigned to the Health Care Malpractice Claims ADR Program.(2)Application. An individual seeking designation to conduct ADR shall file an application with the Administrative Office of the Courts, which shall transmit the application to the committee of program judges appointed pursuant to Rule 16-702. The application shall be substantially in the form approved by the State Court Administrator and shall be available from the clerk of each circuit court.(3)Documentation.(A) An application for designation as a mediator, shall be accompanied by documentation demonstrating that the applicant meets the applicable requirements of Rule 17-205.(B) An application for designation to conduct ADR other than mediation shall be accompanied by documentation demonstrating that the applicant is qualified as required by Rule 17-206(a).(C) The State Court Administrator may require the application and documentation to be provided in a word processing file or other electronic format.(4)Action on Application. After such investigation as the Committee of Program Judges deems appropriate, the Committee shall notify the Administrative Office of the Courts that the application has been approved or disapproved and the reasons for a disapproval. The Administrative Office of the Courts shall notify the applicant of the action of the Committee and the reasons for a disapproval.(5)Court-Approved ADR Practitioner Lists. The Administrative Office of the Courts shall maintain a list: (A) of mediators who meet the qualifications of Rule 17-205(b);(B) of mediators who meet the qualifications of Rule 17-205(d); and(C) of other ADR practitioners who meet the qualifications of Rule 17-206(a).(6)Public Access to Lists. The Administrative Office of the Courts shall attach to the lists such additional information as the State Court Administrator specifies, keep the lists current, and transmit a copy of each current list and attachments to the clerk of each circuit court, who shall make these items available to the public. Committee note: Examples of information that the State Court Administrator may specify as attachments to the lists include information about the individual's qualifications, experience, and background and any other information that would be helpful to litigants selecting an individual best qualified to conduct ADR in a specific case.
(7)Removal From List. After notice and a reasonable opportunity to respond, the Committee of Program Judges may remove an individual from a court-approved practitioner list for failure to maintain the qualifications required by Rule 17-205 or Rule 17-206(a) or for other good cause. This Rule is derived in part from former Rule 17-107(2012) and is in part new.
Adopted Nov. 1, 2012, eff. 1/1/2013. Amended June 6, 2016, eff. 7/1/2016.HISTORICAL NOTES
2016 Orders
The June 6, 2016, order revised an internal reference in the Rule.