If you find yourself a party to a lawsuit or dispute, whether as an individual or as the corporate representative of your company, there is a good chance that you will take part in at least one mediation session. What can you expect at that mediation? Before we can answer this question, we must first ask, “What is mediation?” Mediation is a form of “alternative dispute resolution,” and it can be a valuable way of resolving a dispute without the need for litigation and a trial.
Sometimes parties to a dispute mutually agree to submit their dispute to mediation without any requirement from a court to engage in mediation; this is considered “voluntary” mediation. In other cases, mediation is required. For example, after the discovery phase of the case is completed and prior to a pretrial settlement conference held before the court, many of Maryland’s Circuit Courts require parties to a litigation matter to engage in a court-ordered mediation.
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