H.B. 2

VETOES

(6)      "NEUTRAL FACT-FINDING" HAS. THE MEANING STATED IN TITLE 17
OF THE MARYLAND RULES.

(7)      "NEUTRAL PROVIDER" MEANS AN INDIVIDUAL WHO CONDUCTS
NEUTRAL CASE EVALUATION OR NEUTRAL FACT-FINDING.

(8)      "SETTLEMENT CONFERENCE" HAS THE MEANING STATED IN TITLE
17 OF THE MARYLAND RULES.

(B) (1) THIS SECTION DOES NOT APPLY IF:

(I)       ALL PARTIES FILE WITH THE COURT AN AGREEMENT NOT TO
ENGAGE IN ALTERNATIVE DISPUTE RESOLUTION; AND

(II)     THE COURT FINDS THAT ALTERNATIVE DISPUTE RESOLUTION
UNDER THIS SECTION WOULD NOT BE PRODUCTIVE.

(2) IN DETERMINING WHETHER ALTERNATIVE DISPUTE RESOLUTION
WOULD NOT BE PRODUCTIVE UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION, THE
COURT MAY CONSIDER WHETHER THE PARTIES HAVE ALREADY ENGAGED IN
ALTERNATIVE DISPUTE RESOLUTION.

CO IN ADDITION TO THE QUALIFICATIONS AND REQUIREMENTS OF TITLE 17
OF THE MARYLAND RULES, THE COURT OF APPEALS MAY ADOPT RULES REQUIRING
A MEDIATOR, NEUTRAL PROVIDER, OR INDIVIDUAL CONDUCTING A SETTLEMENT
CONFERENCE TO HAVE EXPERIENCE WITH HEALTH CARE MALPRACTICE CLAIMS.

(D)     WITHIN 30 DAYS OF THE LATER OF THE FILING OF THE DEFENDANT'S
ANSWER TO THE COMPLAINT OR THE DEFENDANT'S CERTIFICATE OF A QUALIFIED
EXPERT UNDER § 3-2A-04 OF THIS SUBTITLE, THE COURT SHALL ORDER THE PARTIES
TO ENGAGE IN ALTERNATIVE DISPUTE RESOLUTION AT THE EARLIEST POSSIBLE
DATE.

(E)      (1) WITHIN 30 DAYS OF THE LATER OF THE FILING OF THE
DEFENDANT'S ANSWER TO THE COMPLAINT OR THE DEFENDANT'S CERTIFICATE OF
A QUALIFIED EXPERT UNDER § 3-2A-04 OF THIS SUBTITLE, THE PARTIES MAY
CHOOSE A MEDIATOR, NEUTRAL PROVIDER, OR INDIVIDUAL TO CONDUCT A
SETTLEMENT CONFERENCE.

(2) IF THE PARTIES CHOOSE A MEDIATOR, NEUTRAL PROVIDER, OR
INDIVIDUAL TO CONDUCT A SETTLEMENT CONFERENCE, THE PARTIES SHALL
NOTIFY THE COURT OF THE NAME OF THE INDIVIDUAL.

(F)      (1) IF THE PARTIES DO NOT NOTIFY THE COURT THAT THEY HAVE
CHOSEN A MEDIATOR, NEUTRAL PROVIDER, OR INDIVIDUAL TO CONDUCT A
SETTLEMENT CONFERENCE WITHIN THE TIME REQUIRED UNDER SUBSECTION (E)
OF THIS SECTION, THE COURT SHALL ASSIGN A MEDIATOR, NEUTRAL PROVIDER, OR
INDIVIDUAL TO CONDUCT A SETTLEMENT CONFERENCE TO THE CLAIM WITHIN 30
DAYS.

(2) (I) WITHIN 15 DAYS AFTER THE PARTIES ARE NOTIFIED OF THE
IDENTITY OF THE MEDIATOR, NEUTRAL PROVIDER, OR INDIVIDUAL CONDUCTING A

- 134 -