Rule 17-207 - [Effective 7/1/2025] Procedure for Approval(a) Generally.(1)Scope. This section applies to individuals who seek eligibility for designation by a court to conduct ADR pursuant to Rule 9-205, Rule 14-212, or Rule 17-201 other than in actions assigned to the Business and Technology Case Management Program or the Health Care Malpractice Claims ADR Program.(2)Application. An individual seeking designation to conduct ADR shall file an application with MACRO. The application shall be substantially in the form approved by the State Court Administrator and posted to the Judiciary website.(3)Documentation.(A) An application for designation as a mediator shall be accompanied by documentation demonstrating that the applicant meets the requirements of Rule 17-205(a) and, if applicable, Rule 9-205(c)(2) and Rule 17-205(c) and (e).(B) An application for designation to conduct ADR other than mediation shall be accompanied by documentation demonstrating that the applicant is qualified as required by Rule 17-206(a).(C) The State Court Administrator may require the application and documentation to be provided through an online platform or other electronic format.(4)Action on Application.(A) Determination MACRO shall review the application to determine (i) whether an applicant seeking designation as a mediator meets the requirements of Rule 17-205 (a) and, if applicable, Rule 9-205 (c)(2) and Rule 17-205 (c) and (e), and (ii) whether an applicant for designation to conduct other ADR meets the requirements of Rule 17-206 (a).
(B) Notice to Applicant After such investigation as MACRO deems appropriate, MACRO shall notify the applicant of the approval or disapproval of the application and the reasons for a disapproval.
(C) Notice to Court If MACRO approves the application, MACRO shall transmit or make available through electronic means the completed application and all accompanying documentation to the county administrative judge or the judge's designee for each court for which the applicant is seeking designation to conduct ADR.
(5)Approved ADR Practitioner and Organization Lists. MACRO shall maintain lists of ADR practitioners approved in accordance with this Rule and ADR organizations approved in each court. The lists shall be made available to all circuit courts and identify the ADR practitioners and ADR organizations that have requested to serve in each court. The lists shall also identify:(A) mediators who meet the qualifications set forth in Rule 17-205(a), (c), and (e);(B) mediators who meet the qualifications of Rule 9-205(c);(C) other ADR practitioners who meet the applicable qualifications set forth in Rule 17-206(a); and(D) ADR organizations approved by the county administrative judge.(6)Public Access to Lists. MACRO shall provide public access to the lists set forth in subsection (a)(5) of this Rule.(7) Designation as Inactive After notice and a reasonable opportunity to respond, MACRO may designate a practitioner on an approved list as "inactive" for failure to maintain the continuing education requirements set forth in Rule 17-205 (a)(5). MACRO shall notify the applicable courts when a practitioner has been designated as "inactive." If the practitioner subsequently comes into compliance with the continuing education requirements, MACRO shall notify the applicable courts that the practitioner no longer is designated as "inactive."
(8)Removal From List. After notice and a reasonable opportunity to respond, the county administrative judge or another judge of the court designated by the administrative judge may determine that an ADR practitioner should be removed from an approved list for failure to maintain the qualifications required by Rule 17-205, Rule 9-205(c), or Rule 17-206(a) or for other good cause. The county administrative judge or the judge's designee shall notify MACRO of the determination, the reasons for the determination, and whether the reasons for the determination are relevant to the practitioner's eligibility to serve in other courts. Upon receipt of such notification from the court, MACRO shall remove the practitioner from the court's list. If the reason for removal is relevant to the practitioner's eligibility to serve in other courts, MACRO shall notify the other courts of the practitioner's removal.(b) Business and Technology and Health Care Malpractice Programs.(1)Scope. This section applies to individuals who seek eligibility for designation by a court to conduct ADR pursuant to Rule 17-201 in an action assigned to the Business and Technology Case Management Program or pursuant to Rule 17-203 in an action assigned to the Health Care Malpractice Claims ADR Program.(2)Application. An individual seeking designation to conduct ADR shall file an application with MACRO. The application shall be substantially in the form approved by the State Court Administrator and posted to the Judiciary website.(3)Documentation.(A) An application for designation as a mediator, shall be accompanied by documentation demonstrating that the applicant meets the applicable requirements of Rule 17-205.(B) An application for designation to conduct ADR other than mediation shall be accompanied by documentation demonstrating that the applicant is qualified as required by Rule 17-206(a).(C) The State Court Administrator may require the application and documentation to be provided through an online platform or other electronic format.(4)Action on Application. After such investigation as MACRO deems appropriate, MACRO shall approve or disapprove the application. MACRO shall notify the applicant of the action and the reasons for a disapproval.(5)Court-Approved ADR Practitioner Lists. MACRO shall maintain a list: (A) of mediators who meet the qualifications of Rule 17-205(b);(B) of mediators who meet the qualifications of Rule 17-205(d); and(C) of other ADR practitioners who meet the qualifications of Rule 17-206(a).(6)Public Access to Lists. MACRO shall attach to the lists such additional information as the State Court Administrator specifies, keep the lists current, and make these items available to the clerk of each circuit court and to the public. Committee note: Examples of information that the State Court Administrator may specify as attachments to the lists include information about the individual's qualifications, experience, and background and any other information that would be helpful to litigants selecting an individual best qualified to conduct ADR in a specific case.
(7) Designation as Inactive After notice and a reasonable opportunity to respond, MACRO may designate a practitioner on a court-approved list as "inactive" for failure to maintain the continuing education requirements set forth in Rule 17-205 (a)(5). MACRO will notify the applicable courts when a practitioner has been designated as "inactive." If the practitioner subsequently comes into compliance with the continuing education requirements, MACRO shall notify the applicable courts that the practitioner no longer is designated as "inactive."
(8)Removal From List. After notice and a reasonable opportunity to respond, MACRO may remove an individual from a court-approved practitioner list for failure to maintain the qualifications required by Rule 17-205 or Rule 17-206(a) or for other good cause. This Rule is derived in part from former Rule 17-107(2012) and is in part new.
Adopted Nov. 1, 2012, eff. 1/1/2013. Amended June 6, 2016, eff. 7/1/2016; amended Nov. 13, 2024, eff. 7/1/2025.HISTORICAL NOTES
2016 Orders
The June 6, 2016, order revised an internal reference in the Rule.