(a)Selection of Mediators. When mediation is ordered pursuant to Rule 17-402(c), the ADR Division, subject to the approval of the Chief Judge, shall select one or more mediators determined by the Chief Judge to have the qualifications required by Rule 17-405 to conduct the mediation. In selecting a mediator, the ADR Division is not required to choose at random or in any particular order from among the qualified individuals and may consider, in light of the issues and circumstances presented by the action or the parties, any special training, background, experience, expertise, or temperament of the available mediators.(b)Order of Chief Judge. Upon the Chief Judge's approval of a selected mediator, the Chief Judge shall enter an order directing the parties, their attorneys, or both to appear before the mediator at a time and place specified in the order or to be determined by the ADR Division.(c)Length of Mediation. A mediation conducted under this Rule may not last more than four hours without the consent of the parties.(d)Full Settlement Not Achieved. If a full settlement of the issues in the appeal is not achieved, the mediator and the parties may discuss (1) extending the mediation session, (2) further mediation sessions, (3) engaging in other forms of ADR, or (4) holding a scheduling conference pursuant to Rule 8-206.(e)Full or Partial Settlement Achieved. If a full or partial settlement of the issues in the appeal is achieved and an order is necessary, the parties shall proceed in accordance with section (f) of this Rule.(f)Order Implementing Settlement.(1)Proposed Order. Within 30 days after the conclusion of a Court-ordered mediation at which a full or partial settlement is achieved, if an order is necessary to implement the settlement, the parties shall submit a proposed order for review by the Chief Judge. The proposed order may include dismissal of the appeal, proceeding with the appellate process, limiting issues, a remand pursuant to Rule 8-602(g), or any other appropriate directives necessary to implement the settlement.(2)Review by Chief Judge. After review, the Chief Judge shall (A) sign the order as presented, (B) reject the proposed order, or (C) return the order to the parties with recommended changes, but the Chief Judge may not preclude an appellant from dismissing the appellant's appeal as permitted by Rule 8-601 or preclude the parties from otherwise proceeding in a manner authorized by the Rules in Title 8.(3)Recommended Changes. If the Chief Judge returns an order with recommended changes and, within 15 days after return of the order, the parties do not accept the recommended changes, the appeal shall proceed as if no agreement had been reached, unless the Chief Judge agrees to withdraw an unaccepted recommended change. If the parties accept the recommended changes, the Chief Judge shall sign the order with those changes included.(4)Duty of Clerk. The clerk shall send a copy of a signed order to each party and to the ADR Division.(g)Sanctions. Upon the failure of a party or attorney to comply with an order entered under section (b) of this Rule, the Court, after an opportunity for a hearing, may impose any appropriate sanction, including (1) dismissal of the appeal, (2) assessing against the party or attorney the reasonable expenses caused by the failure, including reasonable attorney's fees, and (3) assessing against the party or attorney all or part of the appellate costs.(h)Recusal. A judge who participates in conducting a mediation under this Rule may not sit as a member of a panel, including an in banc panel, assigned to hear the appeal if it proceeds, and shall not participate in any court conference regarding a judicial resolution of the appeal or whether an opinion in the appeal should be designated as reported. This Rule is derived in part from former Rules 8-206(a)(2) and 17-402(b), (d), (e), and (f) (2015) and is in part new.
Adopted Oct. 17, 2013, eff. 1/1/2014. Amended Dec. 7, 2015, eff. 1/1/2016; 4/9/2018, eff. 7/1/2018.HISTORICAL NOTES
2015 Orders
The December 7, 2015, order, rescinded the Rule and adopted the new Rule.
2018 Orders
The April 9, 2018 order, amended the Rule to conform an internal reference to the reorganization of Rule 8-602.