Mediation

After the parties finish discovery, the information exchange is complete, and the Maryland medical malpractice case enters the litigation process’s resolution phase and goes to mediation.

Mediation Rules

Under Rule 17-203, the circuit court orders the parties “to engage in ADR at the earliest practicable date, unless all parties file with the court an agreement not to engage in ADR and the court finds that ADR would not be productive.” The court issues this order as part of the scheduling order at the beginning of the case.

ADR is alternative dispute resolution and includes different processes, including mediation. Rule 17-102(d).

Under subsection (c)(1), the parties can agree on the mediator and notify the court. Otherwise, the court appoints a mediator. Rule 17-203(c)(2).

Meditation is a voluntary process of appearing before a neutral person who facilitates a process between the parties to explore a resolution of the case by agreement without the need for a trial.

As a practical matter, all of our cases go to mediation. We have been pursuing cases throughout Maryland and DC for decades. We have repeatedly brought cases against the major hospitals and doctors groups during this time. As part of this process over the many years, we regularly go against the law firms that defend medical providers. As a result, they know us and know that when we bring a case, it has merit.

We resolve the great majority of our cases by getting excellent results in mediation. Although some cases don’t settle in mediation, just about every case goes to mediation.

Selection of the Mediator

We almost always agree with the defense on selecting a mediator instead of allowing the circuit court to assign one. We would instead choose someone we have worked with before.

Generally, the mediator will be a retired judge or lawyer who regularly mediates Maryland medical malpractice cases. The lawyers are usually retired from handling medical malpractice cases, representing plaintiffs or defendants.

The parties will usually schedule the mediation after they complete discovery for a date before the pretrial conference with the court. The location is typically the office of the plaintiff or defense lawyer.

We will meet with you before the mediation to prepare you and tell you everything you need to know. We will discuss potential settlement ranges and your net results. Of course, we will be at the mediation with you the entire time.

At the Mediation

At the mediation, we start by meeting in a conference room together. The mediator and defense lawyer will be there. If the defendant is a hospital, a representative from the hospital will be present. If the defendant is a doctor, a representative from the doctor’s insurance company will be present. The doctor may also be present.

After an initial conference, the parties will go into separate rooms with their lawyers, and the mediator will go between the rooms. The plaintiff will make a demand to settle the case, which is a dollar figure the mediator will take to the defense. The defense will then make a counteroffer. These initial figures are usually far from what the other side would accept to settle the case.

The mediator then moves back and forth between the rooms as long as the parties change their offers to move closer to one another. This continues until the parties reach a settlement amount or decide that they are unwilling to go beyond their last offer.

If the parties reach a settlement amount, the lawyers will prepare a settlement agreement and release and a document dismissing the court case with prejudice. It will take 1-2 months to finalize those documents and receive the defendant’s check.

Settlement for Minors

Rule 2-202(c) governs the settlement of a case on behalf of a minor. A settlement is not valid unless each living parent of the minor approves it. An exception allows the court to approve the settlement after notice is given to a living parent and an opportunity for a hearing. If there are no living parents of the minor, the settlement is not valid unless the court approves it.

If the parties cannot agree on a settlement at mediation, sometimes the mediator will check with them after the mediation to see if they would like to consider making another offer.

To start this process for your case now, visit the free consultation page or video. Then contact the Kopec Law Firm at 800-604-0704 to speak directly with Attorney Mark Kopec. He is a top-rated Baltimore medical malpractice lawyer. The Kopec Law Firm is in Baltimore and pursues cases throughout Maryland and Washington, D.C.

Next Phase

If the case does not settle at mediation, the case continues to the pretrial phase.