ROBERT L. EHRLICH, JR., Governor                                Ch. 5

(G) THE MEDIATOR, NEUTRAL PROVIDER, OR INDIVIDUAL CONDUCTING A
SETTLEMENT CONFERENCE SHALL SCHEDULE AN INITIAL CONFERENCE WITH THE
PARTIES AS SOON AS PRACTICABLE.

(H) (1) AT LEAST 15 DAYS BEFORE THE INITIAL CONFERENCE, THE PARTIES
SHALL SEND TO THE MEDIATOR, NEUTRAL PROVIDER, OR INDIVIDUAL CONDUCTING
A SETTLEMENT CONFERENCE A BRIEF WRITTEN OUTLINE OF THE STRENGTHS AND
WEAKNESSES OF THE PARTY'S CASE.

(2) A PARTY MAY NOT BE REQUIRED TO PROVIDE TO ANOTHER PARTY
THE WRITTEN OUTLINE DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION.

(I) (1) ALTERNATIVE DISPUTE RESOLUTION UNDER THIS SECTION MAY
NOT OPERATE TO DELAY DISCOVERY IN THE ACTION.

(2) IF THE MEDIATOR, NEUTRAL PROVIDER, OR INDIVIDUAL
CONDUCTING A SETTLEMENT CONFERENCE FINDS THAT THE PARTIES NEED TO
ENGAGE IN DISCOVERY FOR A LIMITED PERIOD OF TIME IN ORDER TO FACILITATE
THE ALTERNATIVE DISPUTE RESOLUTION, THE MEDIATOR, NEUTRAL PROVIDER, OR
INDIVIDUAL CONDUCTING A SETTLEMENT CONFERENCE MAY MEDIATE THE SCOPE
AND SCHEDULE OF DISCOVERY NEEDED TO PROCEED WITH THE ALTERNATIVE
DISPUTE RESOLUTION, ADJOURN THE INITIAL CONFERENCE, AND RESCHEDULE AN
ADDITIONAL CONFERENCE FOR A LATER DATE.

(J) A NEUTRAL EXPERT MAY BE EMPLOYED IN ALTERNATIVE DISPUTE
RESOLUTION UNDER THIS SECTION AS PROVIDED IN TITLE 17 OF THE MARYLAND
RULES.

(K) IN ACCORDANCE WITH MARYLAND RULE 17-109, THE OUTLINE
DESCRIBED IN SUBSECTION (H) OF THIS SECTION AND ANY WRITTEN OR ORAL
COMMUNICATION MADE IN THE COURSE OF A CONFERENCE UNDER THIS SECTION:

(1)      ARE CONFIDENTIAL;

(2)      DO NOT CONSTITUTE AN ADMISSION; AND

(3)      ARE NOT DISCOVERABLE.

(L) UNLESS EXCUSED BY THE MEDIATOR, NEUTRAL PROVIDER, OR
INDIVIDUAL CONDUCTING A SETTLEMENT CONFERENCE, THE PARTIES AND THE
CLAIMS REPRESENTATIVE FOR EACH DEFENDANT SHALL APPEAR AT ALL
CONFERENCES HELD UNDER THIS SECTION.

(M) A PARTY WHO FAILS TO COMPLY WITH THE PROVISIONS OF SUBSECTION
(H), (K), OR (L) OF THIS SECTION IS SUBJECT TO THE PROVISIONS OF SANCTIONS
PROVIDED IN MARYLAND RULE 1-341 2-433.

(N) (1) IF A CASE IS SETTLED, THE PARTIES SHALL NOTIFY THE COURT
THAT THE CASE HAS BEEN SETTLED.

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