Rule 18-203.9 - Service as Arbitrator or Mediator(a) Unless expressly authorized by law, a full-time judicial appointee shall not act as an arbitrator or a mediator or perform other alternative dispute resolution functions apart from the judicial appointee's official duties.(b) A part-time judicial appointee may conduct alternative dispute resolution (ADR) proceedings in a private capacity only if the judicial appointee: (1) conducts no ADR proceedings in a private capacity relating to a matter currently assigned to the judicial appointee;(2) discloses to the parties in each matter assigned to the judicial appointee: (A) the judicial appointee's professional association with any entity that is engaged in offering ADR services;(B) whether the judicial appointee is conducting, or has conducted within the previous 12 months, an ADR proceeding involving any party, attorney, or law firm involved in the matter assigned to the judicial appointee; and(C) any negotiations or agreements for future ADR services involving the judicial appointee and any of the parties or attorneys to the case; and(3) except when there is no disqualification by agreement as permitted by Rule 18-202.11(c), does not participate in a matter in which the judicial appointee's impartiality might reasonably be questioned because of ADR services engaged in or offered by the judicial appointee.Md. R. Jud. & Judi. Appts. 18-203.9
This Rule is derived from former Rule 3.9 of Rule 16-814(2016).
Adopted June 6, 2016, eff. 7/1/2016.COMMENT
[1] This Rule does not prohibit a part-time judicial appointee from participating in arbitration, mediation, or other alternative dispute resolution services in a private capacity. See, however, Rule 18-203.1.
[2] Magistrates may conduct settlement conferences pursuant to the Rules in Title 17 as part of assigned official duties. Full-time judicial appointees shall not otherwise render dispute resolution services, whether or not for economic gain, unless expressly authorized by law.
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