Carroll Cnty. Cir. Ct. DCM Plan L

There are several alternative dispute resolution programs available to facilitate the resolution

of a case.

1. Mediation.

a. Type of Case. Mediation is ordered in cases where:

(i) There are custody and/or visitation issues; and

(ii) There is no substantial allegation of physical or sexual abuse of a party or

a child; and

(iii) There are no active or past domestic violence protective orders between the

parties; and

(iv) Both parties live within a reasonable distance from Westminster, Maryland

and are not incarcerated or under a disability prev enting meaningful

participation.

Consolidated DCM Plans – 03.28.2018 7

b. General Procedure. When the parties are ordered to participate in mediation,

the order will include the name, address and teleph one number of the mediator, the date, time and

location of the first session, and the costs requir ed from each party. The parties will be required

to participate in good faith for up to two, two-hou r sessions.

c. Mediation Fees. The administrative judge (“AJ”) or his/her designee sets

the fees for court-ordered mediation, and a mediato r may not charge fees in excess of the fee rate

set in the order.

d. Contempt of Mediation Order. If a party fails to attend, participate in good

faith, or pay the required fees, the mediator will report the failure to the Court. The Court may

issue an order to show cause and, after a hearing, impose sanctions.

2. Courthouse Facilitation Services. In cases set for a hearing before a judge or family

magistrate, an attorney staff member of Family Law Administration may be available for facilitating

an immediate agreement.

3. Pretrial Conference. A Pretrial Conference is a non-binding effort to fa cilitate a

resolution of the case and will be conducted by a Settlement Officer who is an attorney with expertise

in domestic law who is appointed and compensated by the Court. The Pretrial Conference shall not

exceed three hours in duration.

a. Scheduling a Pretrial Conference Date. All attorneys/parties are required to

attend the Pretrial Conference date. All discovery must be completed by the time of the Pretrial

Conference date. The following updated documents shall be filed with the Court and copies forwarded

to the assigned Settlement Officer, as well as to all attorneys and self-represented parties, at least five

days prior to the Pretrial Conference:

(i) A statement addressing those matters set forth in M d. Rule 2-504.2(b);

(ii) Joint Statement of Property (Md. Rule 9-207);

(iii) Financial Statement (Md. Rule 9-203);

(iv) Income information and documentation verifying that income;

(v) Child Support Guidelines Worksheet, if child suppor t is at issue (Md.

Rule 9-206)

b. Pretrial Conference Procedure. The Settlement Officer will meet with the

attorneys/parties in an attempt to facilitate a set tlement in the case. ALL

ATTORNEYS/PARTIES MUST BE PREPARED TO DISCUSS ALL A SPECTS OF THE

CASE IN ANTICIPATION OF A POSSIBLE SETTLEMENT. If the attorneys/parties fail to reach

an agreement on any or all of the issues, an additional Pretrial Conference date may be requeste d

by a Settlement Officer and/or the attorneys/parties if the Pretrial Conference has lasted less than

three hours; and either

(i)The Settlement Officer believes that the attorne ys/parties need time

to consider what has already taken place and would benefit from coming

back another day; or

Consolidated DCM Plans – 03.28.2018 8

(ii)Certain documents are needed to resolve a parti cular issue and a party

needs additional time to retrieve those documents. THIS DOES NOT

INCLUDE DISCOVERY THAT THE COURT ORDERED TO BE

COMPLETED BY A CERTAIN DATE.

c. Failure to Settle. If the parties cannot reach an agreement, the case will proceed

to trial on the scheduled trial date.

OTHER