Mediation

by David Hisle

Court-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.