The New Standards of Conduct for Mediators in Maryland: Elevating Style Over Substance in Litigated Dispute Mediation

The Maryland Court of Appeals adopted new standards of conduct for court-appointed and non-court-appointed mediators, effective January 1, 2020. Although the new standards intend to reconcile and consolidate two sets of practice standards that applied to mediations inside and outside of court programs, in my opinion, they do not assure “quality” or “ethical” practice in litigated dispute resolution. Although this article does not list all of the problems as I see them, it illustrates what happens when the mediation framework preferences of some practitioners in Maryland are elevated over the larger, more universally accepted principle of party self-determination.

Quote:

“Practice flexibility is paramount to ensure the viability and relevance of mediating litigated disputes. It is not right or wrong to practice evaluative mediation if that is what the parties want, or if it helps them communicate more meaningfully, or if it helps them reach their goals.”

The full article can be found here.