Personal Injury Mediation in Maryland
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Maryland, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Contributory negligence
Fault System
3 years
Filing Deadline
$15,000 – $70,000
Avg Settlement
How Mediation Works in Maryland
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Maryland. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under contributory negligence, fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Maryland Injury Law Overview
Maryland is one of the last four states to maintain the strict contributory negligence rule, which completely bars any recovery if the plaintiff bears any degree of fault. This harsh doctrine is tempered only by the last clear chance doctrine in certain circumstances. Despite this challenging environment for plaintiffs, Maryland courts in Baltimore and surrounding jurisdictions produce significant verdicts in appropriate cases. The statute of limitations is 3 years for most personal injury claims. Maryland does not require no-fault PIP coverage. The state's proximity to Washington D.C. and a large government workforce create significant claims under the Federal Tort Claims Act alongside state law cases. Maryland caps noneconomic damages in personal injury and wrongful death cases at a sliding scale beginning around $920,000 (indexed annually for inflation). Medical malpractice claims have the same noneconomic cap and require a certificate of qualified expert at filing. Government claims require strict notice compliance.