ADR-COLLABORATIVE LAW Section
Our lunch meetings were to take place from 12:00 noon to 1:00 p.m. in the BAMC Conference Room upstairs; however, we are holding all meetings via conference call until further notice. All BAMC Members, ADR and Collaborative colleagues are invited to participate. The conference call number will be provided via email. We have scheduled our next call for August 18th.
We have scheduled the first two installments of our 4-hour Mediation CLE for BAMC members virtually for September 15th and 16th from 12 noon until 1 p.m. via zoom. Section members will receive the invitation via email, but we will also make the CLE available to all BAMC members and the one-hour sessions will be recorded. Our CLE Speakers for Sept. 15th are Eric Wexler, CPA, Esq. and Anshu Karki, Esq. on ethical methods of tackling financial and tax issues, and on Sept. 16th Special Magistrate Sarah Malik and Jessica Markham, Esq. will discuss caucusing with participants in mediation as well as practices to increase success rates for Mediators. Please contact any Co-Chair for more details.
To be eligible for the Roster of ADR neutrals for court appointments, mediators must receive four (4) hours of mediation CLE annually. Please timely send all CLE certificates to Magistrate Malik if you are seeking Circuit Court appointments.
Our Section works to educate community members about Alternative Dispute Resolution (“ADR”) options to include Mediation and Collaborative Law practice. Process option handouts for the public were made available in the Montgomery County Courthouse, Law Library and Register of Wills Office, if you would like a copy please email one of your Co-Chairs.
We support Attorneys within our communities so that they have resources to explain ADR options and offer these valuable forms of services to their clients. We welcome your suggestions about discussion topics and potential speakers at our meetings, CLEs, and roundtable discussions at BAMC. Please reach out to any of your Co-Chairs if you want to get more involved with our Section.
For more on Collaborative Practice:
Please contact LJ Pelham at firstname.lastname@example.org if you are interested in taking advantage of upcoming collaborative training opportunities.
Collaborative Law is interdisciplinary and can incorporate the advice and counsel of civil practitioners, child specialists, financial neutrals, business valuation specialists, mental health professionals, real estate agents and more into the dispute resolution process. It encourages two or more disputing parties to engage in candid and effective out-of-court communications and empowers them to find their own voices to craft voluntary, durable and mutually beneficial solutions. To learn more about how to provide Collaborative legal and related services to your clients, please visit:
Mediation is a form of ADR in which the parties select a trained mediator, an independent and neutral third party, to facilitate the parties’ settlement their legal dispute outside of court. It is a voluntary, cooperative problem-solving process where the mediator facilitates communication between the parties. A mediator does not make a final decision; the mediator may point out strengths and weaknesses of each party’s claim(s). The mediator discusses options and potential solutions with the parties and transmits settlement offers between and among the parties, encouraging a meeting of the minds. One can locate and contact a trained Mediator by visitinghttps://montgomerycountymd.gov/cct/adr.html.
Virtual Mediations: Since the social distance order went into effect, in person mediations have become rare. Most mediators have continued their practice by engaging in virtual mediation via Zoom, Skype, BlueJean, Go To Meeting, Microsoft Team, Google Meet and Cisco Webex. Zoom appears to be the most popular of the sites for mediation, in part because it allows for separate chat/caucus rooms. But it is imperative that the mediator be mindful of security issues related to the sites and how that can impact the confidentiality of the mediation. Best practice is to password your mediation. Also, remember that zoom has a 45 minute limit for its free service, so mediators need the professional version.
Virtual Notarization: We’ve noticed that settlement agreements that would previously be notarized do not provide for that attestation. We’d like to point out that effective March 30th, Governor Hogan ordered the in-person requirement for notarizing documents in Maryland be temporarily waived for the duration of the COVID-19 emergency. A notary must obtain a separate authorization to perform that service and must also notify the Secretary of State for each remote notarization. For a full explanation of the process go to