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Commentary: Have we resolved that ADR is a good thing?

Daily Record, The (Baltimore), Oct 20, 2005 by The Daily Record Editorial Advisory Board

The International Association for Conflict Resolution has declared today National Conflict Resolution Day. Gov. Robert L. Ehrlich Jr. has followed suit, proclaiming Oct. 20, 2005 the first Maryland Conflict Resolution Day, and urging government agencies, the legal community and the public to learn more about and to use peaceful forms of conflict resolution.

We think it is a fitting day to reflect upon the growth of alternative dispute resolution (ADR) in Maryland. How extensively is it being used and what are the likely trends for the future? Do we like it? Have the ADR services currently being offered had a positive impact upon the legal culture and/or the wider culture in our state? Why or why not?

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Growing in volume, variety

It is indisputable (pun intended) that ADR use has grown dramatically over the past eight years, both in volume and variety, within and beyond the courts. We use the marker eight years ago, because that's when Chief Judge Robert M. Bell created and led the Maryland ADR Commission, which was charged with advancing the appropriate use of ADR in Maryland's courts, schools, neighborhoods, government agencies, criminal and juvenile justice programs, and businesses.

The Commission's work led to the creation of a court-related agency reporting to Chief Judge Bell, the Maryland Mediation and Conflict Resolution Office (MACRO). With the support of thousands of people from all walks of life, this judiciary-based effort has spread seeds across the state, helping to grow conflict resolution programs in a wide range of venues. Maryland moved from the backwaters to the forefront among states leading advances in the field of conflict resolution. So, what does ADR use look like in Maryland today?

In our courts, there is no question that it has mushroomed exponentially. Eight years ago, only a few courts made sporadic use of mediation. Today, civil non-domestic and domestic cases are routinely referred to mediation in most jurisdictions. While it is well known that upwards of 90 percent of all cases settle anyway, generally on the courthouse steps, our court mediation programs are settling thousands of lawsuits at earlier stages in the life of a case.

A controlled study in the Circuit Court for Baltimore City followed 400 workers' compensation cases, half of which were randomly ordered to mediation. Prior to reaching the discovery deadline in these cases, more than twice as many cases settled in the mediation group, as compared to the control group. Almost twice as many cases again settled in the mediation group between the date of the discovery deadline and the date of the 30-day pre-trial mandatory settlement conference.

Programs offering new ADR services are also flourishing in the courts. All 24 circuit court jurisdictions now have family services coordinators running custody and visitation mediation programs. Some are also referring marital property cases to mediation. New child in need of assistance and/or termination of parental rights mediation programs have been instituted in 10 jurisdictions across the state, and two Orphans' Courts, in Baltimore City and Baltimore County, are starting probate mediation programs. A special ADR program has been instituted for business and technology track cases, and one is being developed for medical malpractice cases.

A new report on FY 2004 ADR use in the District Court states that over 1,300 cases have been referred to mediation and settlement facilitation - including contract, landlord/tenant, peace order and tort cases - with an average settlement rate of 63 percent. We see no end in sight to this growth trend in the courts.

In addition to the explosion of ADR use in the courts, continued growth is the outlook for a panoply of ADR programs outside the courts.

In the criminal and juvenile justice arena, at least seven State's Attorneys' Offices are referring misdemeanor cases (which often include neighborhood and family disputes) to community mediation programs or to in-house mediation programs - and hundreds of cases are being successfully resolved.

The Department of Juvenile Services, police officers and schools are referring juvenile offenders to community conferencing as a diversion from juvenile court. Community conferencing is a large- group circle conflict resolution process that holds young offenders directly accountable for the consequences of their actions, helps them repair the harm they have caused, and sets them on a good path in the community. The Baltimore City Community Conferencing Center is assisting new conferencing programs around the state, and program statistics show a 60 percent reduction in recidivism rates as compared to a DJS control group.

Eight years ago there were nine small community mediation centers in Maryland and half of them were largely inactive. Today there are 16 vibrant centers serving 21 counties and Baltimore City, and they are continuing to grow. The centers' staff and trained supervised volunteers offer free or sliding-scale mediation, conflict resolution education and other conflict resolution services based on a grassroots empowerment model. Conflict resolution programs are also proliferating in Maryland's elementary schools, secondary schools and universities.

Commentary: Have we resolved that ADR is a good thing?

Daily Record, The (Baltimore), Oct 20, 2005 by The Daily Record Editorial Advisory Board

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