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<section article="gcj" article_name="Courts and Judicial Proceedings" number="3-1802" title_number="3" title_name="Courts of General Jurisdiction -- Jurisdiction/special Causes of Action" subtitle_number="18" subtitle_name="Maryland Mediation Confidentiality Act">
  <level label="a">
    <text>Except as provided in subsection (b) of this section, this subtitle applies to a mediation in which:</text>
    <level label="1">
      <text>The parties are required to mediate by law;</text>
    </level>
    <level label="2">
      <text>The parties are referred to mediation by an administrative agency or arbitrator; or</text>
    </level>
    <level label="3">
      <text>The mediator states in writing to any and all parties to the mediation and persons with whom the mediator has engaged in mediation communications that:</text>
      <level label="i">
        <text>The mediation communications will remain confidential in accordance with this subtitle; and</text>
      </level>
      <level label="ii">
        <text>The mediator has read and, consistent with State law, will abide by the Maryland Standards of Conduct for Mediators during the mediation.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>This subtitle does not apply to a mediation:</text>
    <level label="1">
      <text>To which Title 17 of the Maryland Rules applies;</text>
    </level>
    <level label="2">
      <text>Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;</text>
    </level>
    <level label="3">
      <text>Relating to a dispute that is pending under, or is part of the processes established by, a collective bargaining agreement unless the dispute has been filed with an administrative agency or court;</text>
    </level>
    <level label="4">
      <text>Relating to an action to enforce an agreement to arbitrate under common law, the Federal Arbitration Act, the Maryland Uniform Arbitration Act under Subtitle 2 of this title, or the Maryland International Commercial Arbitration Act under Subtitle 2B of this title;</text>
    </level>
    <level label="5">
      <text>Relating to an action to foreclose a lien against an owner–occupied residential property subject to foreclosure mediation conducted by the Office of Administrative Hearings under Maryland Rule 14–209.1;</text>
    </level>
    <level label="6">
      <text>Arising from a referral of a matter to a magistrate, examiner, auditor, or parenting coordinator under Maryland Rules 2–541, 2–542, 2–543, or 9–205.2; or</text>
    </level>
    <level label="7">
      <text>Conducted by a judge who might make a ruling on a case based on the dispute.</text>
    </level>
  </level>
  <level label="c">
    <text>The parties and the mediator, by a written and signed agreement made in advance of the mediation, may agree to exclude all or part of the mediation communications from the application of this subtitle.</text>
  </level>
</section>
