Monday, December 6, 2021

Mediation - the cure for pandemic induced court delay in civil disputes.

 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.

The case was tried after almost two years of pretrial discovery and motions practice. The parties to the case were relieved when the trial concluded, anticipating a court decision that would permit them to move beyond the dispute, and to more productive business endeavors. 

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