Maryland's recent rule on remote electronic participation in ADR instructs ADR practitioners to work with participants to decide whether ADR should occur via phone, video, in person, or using a combination of formats. The rule adds five factors to consider:
(1) the accessibility of the format to each party
(2) the technological competency of the ADR practitioner
(3) the ability of the format to provide for confidentiality of data and communications
(4) party preference
(5) whether the format can be used in a manner that does not affect substantially the fairness of the proceeding
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In 2023, the Court adopted a sweeping set of rules addressing the use of remote electronic participation related to judicial proceedings. Among the new rules includes Maryland Rule 17-106 which provides for Remote Electronic Participation for alternative dispute resolution (ADR) or a prehearing conf...