Ch. 5                                       2004 LAWS OF MARYLAND

(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.

(C)     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
SETTLEMENT CONFERENCE, A PARTY MAY OBJECT IN WRITING TO THE SELECTION,
STATING THE REASONS FOR THE OBJECTION.

(II) IF THE COURT SUSTAINS THE OBJECTION, THE COURT SHALL
APPOINT A DIFFERENT MEDIATOR, NEUTRAL PROVIDER, OR INDIVIDUAL TO
CONDUCT A SETTLEMENT CONFERENCE.

(3)      A MEDIATOR, NEUTRAL PROVIDER, OR INDIVIDUAL CONDUCTING A
SETTLEMENT CONFERENCE SHALL FOLLOW THE "MARYLAND STANDARDS OF
PRACTICE FOR MEDIATORS, ARBITRATORS, AND OTHER ADR PRACTITIONERS"
ADOPTED BY THE COURT OF APPEALS.

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