Mediation is growing in popularity among Maryland trial lawyers. Civil matters are particularly well-suited to mediation sessions, where settlement positions can be traded, discussed and finalized with the help of a neutral mediator.
The case for mediation in civil matters has been made stronger by the current pandemic, and resulting delays in the Maryland trial courts. By way of example, this Firm concluded a four-day trial in a circuit court. The last argument was made in February, 2020, shortly before the successive shut downs and periods of restricted access.
That was twenty-two months ago. We continue to await a decision.
The disruption of normal court activities has been so complete that this case, and many others, remain in judicial limbo. No decision, for the plaintiff or defendant, means that the case is effectively on hold. And since neither party has won or lost, there are no appeals to be lodged, briefed or argued.
In a separate case, this Firm recently obtained judgment for our client in an uncontested case. That case was filed thirty-four months ago
These cases may be outliers, but the incidence of pandemic-stalled civil cases is clearly on the rise. It serves client legal and business interests, then, to fully consider mediation as an alternate means of dispute resolution.
Mediation requires some agreement by both sides of a civil dispute. They must agree to the process, and they must agree on selection of the neutral. There are many retired judges available on the rosters of several mediation services. A close reading of their biographies and professional experience will permit the parties to find a neutral well suited for your dispute. Beyond retired judges, there are also many highly trained neutrals who were once practicing lawyers. Their vast experience, closely aligned with your current dispute, will allow more clear guidance toward a negotiated settlement.
This selection of the mediator is a great advantage over the court system. Leave your matter in the courthouse, and you have little influence over judicial assignments. You may well end up with a highly skilled criminal judge presiding over your complex civil matter.
In 2021, this Firm's experience has been that mediation sessions can be scheduled and convened in as little as fourteen days. Most are scheduled within sixty days, demonstrating the broad flexibility you will have in scheduling.
In stark contrast, the court-ordered mediation built into the standard circuit court schedule can be months and years in the future. The standard scheduling order merely sets a deadline to complete mediation. This permits any party to stand in the way of scheduling a prompt mediation session. Meanwhile, the litigants must grind through obligatory and required schedule benchmarks before the deadline to mediate compels cooperation and scheduling.
The current litigation climate is that even the most seasons adversaries likely share a desire to speed up dispute resolution. It is rare that one party or the other seeks benefit in a long delay, and rigid adherence to a prolonged court schedule.
Virtual mediation is fast becoming the norm. Conducted via Webex or Zoom, scheduling participants in disparate locations is easier. The difference between one or more time zones is often the most complex aspect of scheduling. This saves the parties transportation costs (planed, trains and automobiles), lodging in distant cities, and the opportunity cost of being away from normal daily family and business activities.
Your willingness to participate in a mediation does not eliminate the need to file a court case. Statutes of limitation and the need to create equitable claims against real estate require an active court case. But those court cases can be filed, and then immediately put on hold as the parties pursue mediation. Our experience is that the pandemic hobbled courts are eager to grant requests that stay cases in favor of early mediation as a means of their own docket management.
Is your civil dispute a candidate for virtual mediation? Let us walk you through the process.
