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Civil litigation

mediation

Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In Maryland, mediation is a recognized alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. Maryland courts often encourage or require mediation, especially in civil cases, as a means to resolve disputes before proceeding to trial. While participation in mediation is sometimes mandated, the outcome is not; parties are not obligated to come to an agreement. If the parties cannot settle their differences through mediation, the case will continue to trial where a judge or jury will make a final decision. Importantly, communications during mediation are typically confidential and are not admissible as evidence in court, under Maryland’s confidentiality laws for mediation, which aim to promote open and honest dialogue during the process.

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Civil litigation

mediation

Individual & Family Legal Plan

Articles

Maryland State Code

Civil litigation

mediation

Maryland State Code

Articles