Mediation is becoming an increasingly popular form of dispute resolution in Maryland. There are currently 18 community mediation programs providing services in nearly every county in the state. These centers offer mediation services for free or for a fee. When filing a motion to compel evidence or request an order of protection, the party requesting the presentation of evidence must show that the information is not reasonably accessible due to an excessive burden or cost.
If that demonstration is made, the court may, however, order the discovery of such sources if the requesting party demonstrates good cause, taking into account the limitations of Rule 26 (b) (C). The court may specify the conditions for the discovery. When it comes to expert witnesses during mediation sessions, there are certain restrictions that must be taken into consideration. The lawyer can rely on the client's statements and on communications with other attorneys in the case, provided that trust is appropriate under the circumstances. Normally, the court must prescribe a time limit for these disclosures in a scheduling order under Rule 16 (b) and, in most cases, the party with the burden of proof on a topic must release its expert testimony on that topic before the other parties are required to make their disclosures with respect to that topic. Under the amended rule, the discovery of communications between attorney and expert on topics outside the three exceptions of Rule 26 (b) (C), or in connection with drafts of expert reports or disclosures, is only permitted in limited circumstances and by court order.
Rule 26 (f) () (expanded to refer to the “form” or forms of production), in parallel with the similar change in rule 34. The elements of Rule 26 (b) (iii) address the problem of discovery which is disproportionate to the individual demand, measured by issues such as its nature and complexity, the importance of the issues at stake in a case seeking compensation, and the limitations on a financially weak litigant to resist broad opposition to a discovery program or to respond to requests for discovery. The most common practice in the United States is to take statements with prior notice from the party that wants them, without any court order. In cases of this type, there are no restrictions at the start of discovery. However, this opportunity is not expected to often lead to abuse as discovery is likely to be scarce or nil in most of those cases. The inclusion of an “opt out” provision reflected strong opposition to initial disclosure felt in some districts and allowed experimentation with different disclosure rules in those districts that were favorable to disclosure. Rule 26 (a) (B) (ii) is amended to provide that disclosure includes all “facts or data considered by the witness in forming opinions to be offered” instead of “disclosure of data or other information” prescribed in 1993. However, there is no obligation to provide supplementary or corrective information that has otherwise been made known to parties in writing or during discovery process. Rule 26 (g) imposes an affirmative obligation to participate in pretrial discovery in a responsible manner that is consistent with spirit and purposes of Rules 26 to 37. It also differs from mediation in that a parent coordinator can meet with relevant third parties as needed. In conclusion, when it comes to expert witnesses during mediation sessions at mediation centers in Columbia, Maryland there are certain restrictions that must be taken into consideration.
These restrictions are necessary for ensuring fairness and preventing abuse during mediation proceedings. It is important for all parties involved to understand these restrictions so they can ensure their rights are protected throughout mediation proceedings.
