by Samantha ChanMediation: An Alternative Way to Resolve Disputes
Not every disagreement has to turn into a courtroom battle. Mediation offers a less formal, less intimidating way to address conflicts—whether it’s a business dispute, a family issue, or an employment matter.
What is mediation? It’s a process where a neutral mediator helps everyone talk through the problem and work toward a solution. The mediator doesn’t decide who’s right or wrong, or who wins or loses (unlike a judge). They simply guide the conversation so the parties can reach an agreement that works for them.
The core principles of mediation:
- Voluntary – You choose to mediate and decide whether to settle.
- Neutral – The mediator doesn’t take sides.
- Confidential – What’s said in mediation stays in mediation.
- Flexible – You craft the solution instead of having one imposed by the courts.
When can mediation happen?
- Before litigation – to avoid the expense, stress, and time of court.
- During litigation – if a judge orders mediation or both sides agree to try it.
- Anytime in between – mediation can happen at virtually any stage of a dispute.
What kinds of disputes can be mediated?
Almost anything—contract claims, family disagreements, business conflicts, workplace issues, and more. If people are willing to have a conversation, mediation can help.
Attorney Samantha Chan from our law office is a Maryland-trained mediator and attorney. She can serve as a neutral mediator to help parties reach a resolution—or, if you already have a mediator, she also represents clients navigating mediation as part of their legal strategy.
by David HisleCourt-Ordered Mediation in Maryland Civil Lawsuits
When a legal dispute arises, most people picture a courtroom battle where lawyers argue a case before a judge or jury. But in Maryland, many civil cases are resolved without ever reaching trial – thanks to mediation.
Mediation is a form of alternative dispute resolution (ADR) where the parties, often with the assistance of counsel, meet with a neutral third party (the mediator) to explore solutions and, ideally, reach an agreement. It’s often faster, less expensive, and less stressful than litigation.
Here’s what Maryland businesses and individuals should know about how mediation works.
When Mediation Happens
Mediation can take place at different points in the legal process:
- Before a lawsuit is filed – as a proactive way to avoid court.
- During litigation – often ordered by a judge after the case is initiated.
- After a judgment – in rare cases, to resolve disputes over enforcement.
In Maryland, many Circuit Courts and the District Court of Maryland have court-connected mediation programs. These courts frequently encourage or require parties to attempt mediation before the court will schedule a trial date.
The Role of the Mediator
A mediator is a neutral facilitator—not a judge and not an advocate for either side. The mediator’s role is to:
- Guide the conversation.
- Help clarify the issues.
- Encourage compromise.
- Explore creative solutions.
Importantly, mediators do not decide the case. The outcome is entirely in the parties’ hands.
The Mediation Process in Maryland
While each mediator has his or her own style, Maryland mediations generally follow this structure:
Step 1 – Opening Session
The mediator explains the ground rules: confidentiality, respectful communication, and voluntary participation.
Step 2 – Presenting Perspectives of the Parties
Each side has the opportunity to explain their position, concerns, and goals—without interruption.
Step 3 – Joint Discussion or Private Caucuses
The mediator may keep everyone together or meet separately with each side to discuss settlement options in private. Often the mediator will leave this decision to the parties.
Step 4 – Negotiation
The mediator helps bridge gaps by suggesting compromises, clarifying misunderstandings, and reframing positions.
Step 5 – Agreement or Impasse
If the parties reach an agreement, it is usually written down and signed by the parties.
If no agreement is reached, the case proceeds toward trial. If the mediation results in a settlement agreement, that agreement will be enforced by the court if the parties don’t abide by it.
Benefits of Mediation in Maryland Civil Cases
- Confidential – Unlike court hearings, mediation discussions are private.
- Faster and Cheaper – Resolves disputes in weeks or months, not years.
- Flexible Solutions – Parties can agree to outcomes a court might not be able to order.
- Preserves Relationships – Especially important for business partners, neighbors, or family members.
When Mediation May Not Work
Mediation is not always the best choice – especially in cases involving:
- Ongoing fraud or criminal conduct.
- A need for immediate injunctive relief.
- A party unwilling to participate in good faith.
- Cases involving domestic violence.
A Maryland attorney can help you decide whether mediation is in your best interest.
Mediation as a Smart First Step
In Maryland, mediation is often a cost-effective way to resolve disputes and maintain control over the outcome. Even if it doesn’t result in a settlement, it can clarify the issues and narrow the scope of litigation.
If you are involved in a civil dispute – whether it’s a contract issue, business disagreement, property issue, or personal matter – the law firm of Lewicky, O’Connor, Hunt & Meiser can help you prepare for mediation and protect your interests throughout the process.
by Lisa WhiteIf I Successfully Bring a Lawsuit, Will I be Reimbursed for My Attorneys’ Fees?
One of the most common questions I hear during initial consultations with clients is whether an individual or business can recover attorneys’ fees if they prevail in a lawsuit. The answer is…it depends. Maryland generally follows the “American Rule” that each party in a lawsuit is responsible for their own attorneys’ fees, unless there is a statute allowing for fee-shifting, the parties to the lawsuit have previously entered into a contract allowing for the recovery of attorneys’ fees, or a lawsuit is brought in bad faith.
Even in these situations, one must first prevail in the lawsuit to be awarded reimbursement of attorneys’ fees. Even if a party wins the lawsuit, in the sense of having the court find that the other side is liable or contractually obligated to the other, the court still has discretion regarding the amount of attorneys’ fees to award to the prevailing party. The court must determine that the amount of attorneys’ fees being sought is reasonable under the circumstances.
For these reasons, even if there is a statutory or contractual basis to seek reimbursement of attorneys’ fees in a lawsuit, that does not guarantee that a prevailing litigant will be reimbursed 100% of their attorneys’ fees. If there is a statutory or contractual basis to seek reimbursement of fees, it is still the judge presiding over the case that will make the final determination regarding reimbursement of attorney’s fees.
Statutory Basis for Recovering Attorney’s Fees
Maryland law allows for recovery of attorney’s fees in cases alleging violations of the Maryland Consumer Protection Act and Maryland Wage Payment and Collection Act. Attorney’s fees can also be sought in cases involving mechanic’s liens, certain landlord-tenant actions, and certain divorce and family law actions.
Contractual Basis for Recovering Attorney’s Fees
A written contract between the parties may state, within its terms, that a party to the contract can be awarded attorneys’ fees from the other party to the contract in the event of a breach of the parties’ agreement. If this type of provision is in a contract, a litigant may assert a claim for attorneys’ fees as part of the lawsuit. The party seeking reimbursement would still need to prevail on the merits of the case to recover attorneys’ fees.
Maryland Rule 1-341
Maryland Rule 1-341 allows a judge to award attorneys’ fees to a defendant if a civil lawsuit is brought in bad faith. The court assesses whether the conduct of any litigant is “without substantial justification,” in which case the court may, in its discretion, award attorney’s fees to the non-offending party.
If you are considering whether to engage in litigation, it is important to discuss your situation with an attorney to assess whether you have a good faith basis for claiming reimbursement of attorneys’ fees. None of the information provided in this article constitutes legal advice. Every situation is different and should be thoroughly reviewed by and discussed with your legal advisors. The law regarding reimbursement of attorneys’ fees may be different than what is summarized here in states and jurisdictions other than Maryland. Please do not rely on the contents of this article as a basis for making decisions regarding your particular situation.
by Lisa WhiteYou Failed to Appear in Court After Being Served with a Lawsuit – Now What?
If you are served with a writ of summons or other documents related to a lawsuit in which you are named as a party to the lawsuit, it is very important that you file a responsive paper with the court within the time period established by law for doing so. Do not delay, or ignore this type of legal paper. Prompt consultation with an attorney is strongly advised. The deadline for filing a responsive paper with the court after receiving delivery of a writ of summons or other court papers depends on the situation, but any such deadline will probably be stated on the face of the writ of summons document.
If you do not file a responsive paper with the court prior to the deadline for doing so, the court can enter an “Order of Default” and/or a “Judgment of Default.” The District Court of Maryland, the Circuit Courts in Maryland, and the U.S. District Court for the District of Maryland, all have different filing deadlines and differing rules and standards for what happens when a defendant fails to make a timely appearance in a lawsuit. This article briefly and generally summarizes this topic, but the rules are complicated and the potential harm from non-compliance can be substantial, so you should promptly contact an attorney for representation and assistance.
District Court of Maryland
The Maryland Rules of Civil Procedure provide that a defendant named in a District Court of Maryland lawsuit must file a Notice of Intention to Defend within a specified time period after being served. If a defendant fails to file a Notice of Intention to Defend, then the court may assess liability against the defendant on the scheduled trial date. If a defendant fails to file a Notice of Intention to Defend, the court may enter judgment against the defendant for the full amount of damages claimed in the Complaint if the court is satisfied with the information stated in the complaint and the complaint is property signed as an affidavit under oath by the plaintiff. Sometimes the District Court will find that a complaint sets forth sufficient information for the entry of judgment against the defendant as far as liability is concerned, but will hold an evidentiary hearing only as to the question of the amount of monetary damages to be awarded. Defendants should file a Notice of Intention to Defend within the time period set forth in the writ of summons for doing so. Even if that deadline is missed, a defendant should still file a Notice of Intention to Defend prior to the scheduled trial date, or at the latest should appear on the scheduled trial date and submit a Notice of Intention to Defend to the court at that time.
Maryland Circuit Courts
In the Maryland Circuit Courts, a defendant that fails to file an Answer or other responsive pleading within the specified time for doing so may have an Order of Default against the defendant. An Order of Default may thereafter be vacated by the court if the defendant appears before the court within a set time period and states good cause for why the filing deadline was missed. If the Order of Default is not vacated, the court thereafter may enter a Judgment of Default against the defendant in the full amount claimed by the plaintiff in the complaint.
In the District Court of Maryland and in Maryland Circuit Courts there are specific deadlines that must be adhered to in order to preserve a litigant’s right to present a defense and avoid entry of judgment by default. If you find yourself in this situation, contact an attorney to advise you on the best course of action.
None of the information provided in this article constitutes legal advice. Every situation is different and should be thoroughly reviewed by and discussed with your legal advisors. The above general summary is not a comprehensive discussion of the subject matter, nor is it applicable to states or jurisdictions outside of the State of Maryland. Please do not rely on the contents of this article as a basis for making decisions regarding your particular situation.
by Elizabeth BoweryDo You Need a Business License to Operate Your Business in Maryland?
Maryland’s business licensing framework is multifaceted, encompassing various licenses depending on the business type. The state does not mandate a general license for every business operating within its borders, so business owners must identify which (if any) licenses are required for their business and apply to the appropriate licensing or regulatory body.
In Maryland, there are several types of state business licenses available, including a trader’s license and a chain store license. These business licenses are issued by the Clerk of the Circuit Court in the county (or Baltimore City) where the business is located. To apply for these licenses, frequently requested information across counties includes:
- Name and location of the entity
- Federal tax identification number
- SDAT account number
- Sales & use tax account number (if applicable)
- Worker’s compensation insurance policy number (if applicable)
Depending on the nature of the business, several additional licenses or permits may apply. Regulated industries, such as alcohol and transportation, often require licensure from state and federal agencies. Moreover, professionals who work in the business must obtain specific professional or occupational licenses from the appropriate state boards. Some counties and municipalities may impose their own local requirements as well.
Consider consulting with a business attorney to ensure compliance with applicable licensing requirements. As business attorneys, we assist business owners at every stage of ownership, offering guidance in selecting the best entity, drafting customized governing documents, and providing ongoing business counsel.
