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2017 Maryland Code
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 18 - Maryland Mediation Confidentiality Act
§ 3-1802. Applicability
Universal Citation: MD Cts & Jud Pro Code § 3-1802 (2017)
- (a) In general. -- Except as provided in subsection (b) of this section, this subtitle applies to a mediation in which:
- (1) The parties are required to mediate by law;
- (2) The parties are referred to mediation by an administrative agency or arbitrator; or
- (3) The mediator states in writing to any and all parties to the mediation and persons with whom the mediator has engaged in mediation communications that:
- (i) The mediation communications will remain confidential in accordance with this subtitle; and
- (ii) The mediator has read and, consistent with State law, will abide by the Maryland Standards of Conduct for Mediators during the mediation.
- (b) Exceptions. -- This subtitle does not apply to a mediation:
- (1) To which Title 17 of the Maryland Rules applies;
- (2) Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;
- (3) Relating to a dispute that is pending under, or is part of the processes established by, a collective bargaining agreement unless the dispute has been filed with an administrative agency or court;
- (4) Relating to an action to enforce an agreement to arbitrate under common law, the Federal Arbitration Act, the Maryland Uniform Arbitration Act under Subtitle 2 of this title, or the Maryland International Commercial Arbitration Act under Subtitle 2B of this title;
- (5) Relating to an action to foreclose a lien against an owner-occupied residential property subject to foreclosure mediation conducted by the Office of Administrative Hearings under Maryland Rule 14-209.1;
- (6) Arising from a referral of a matter to a magistrate, examiner, auditor, or parenting coordinator under Maryland Rules 2-541, 2-542, 2-543, or 9-205.2; or
- (7) Conducted by a judge who might make a ruling on a case based on the dispute.
- (c) Agreement to exclude communications. -- The parties and the mediator, by a written and signed agreement made in advance of the mediation, may agree to exclude all or part of the mediation communications from the application of this subtitle.
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