FILING A MEDIATION REQUEST IN MARYLAND

Purpose

This SOP guides paralegals and attorneys in representing clients in mediation requests through the Maryland Association of REALTORS® Mediation Program. It ensures the process is systematic, comprehensive, and easy to follow, even for those with no prior experience.

• Scope

• This SOP applies to all legal professionals and paralegals handling mediation requests for clients involved in real estate disputes in Maryland.

Required Documents and Resources

• Maryland Association of REALTORS® Mediation Program Forms (Form 1RQP, 2RQP-A, 2RQP-B, 3RQP, 4RQP, 5RQP)

• Complete copy of the sales agreement

• Any supporting documents related to the dispute

• Payment information for administrative and mediator fees

• Mediation Program Pamphlet (2023, 2020 versions)

• Computer with internet access for email communication

Procedure

Basic Understanding of Real Estate Disputes

Real estate disputes can arise from various issues such as disagreements over property condition, failure to complete a sale, disputes over escrow deposits, and other contractual issues. The Maryland Association of REALTORS® offers a mediation program to resolve these disputes without going to court.

Step 1: Gather Required Information and Documents

Before starting, gather all necessary information and documents. This ensures you have everything needed to complete the forms accurately.

1. Client’s Contact Information: Full name, address, phone numbers, and email.

2. Contact Information of the Responding Party (Seller): Full name, address, phone numbers, and email.

3. Legal Counsel Contact Information (Yours): Your name, firm name, address, phone numbers, and email.

4. Real Estate Agent or Brokerage Information (if applicable): Agent’s or brokerage’s name, address, phone numbers, and email.

5. Complete Copy of the Sales Agreement: The full contract of sale between the buyer and seller.

6. Nature of the Dispute and Supporting Documents: Details of the issue, including any evidence or documents supporting your client's claim.

7. Payment Information for Administrative and Mediator Fees: Information for payment, such as credit card details or a check.

Step 2: Complete the Requesting Party Authorization & Check-off List (Form 1RQP)

1. Review Mediation Program Information: Understand the mediation process and Agreement to Mediation & Confidentiality.

2. Check Each Box: Ensure you have completed all required forms:

   • Form 1RQP (Authorization & Check-off List)

   • Form 2RQP-A & 2RQP-B (Requesting & Responding Party Contact Information)

   • Form 3RQP (Requesting Party Dispute Information)

   • Form 4RQP (Requesting Party Mediation Scheduling & Contact Information)

   • Form 5RQP (Requesting Party Payment & Fee Information)

3. Print and Sign Your Name: Sign the form at the bottom.

Step 3: Fill Out Requesting & Responding Party Contact Information (Form 2RQP-A & 2RQP-B)

These forms collect contact details for both the requesting and responding parties.

Requesting Party Information

1. Enter Client’s Name and Address: Fill in your client's full name and address.

2. Client’s Contact Numbers and Email: Include home, work, and cell phone numbers, and email address.

Legal Counsel Information

1. Enter Your Details: Include your name, firm name, address, office phone, fax, cell phone, and email.

Real Estate Brokerage Information (if applicable)

1. Enter Brokerage Details: Include the name, address, office phone, fax, cell phone, and email of the agent or brokerage involved.

Responding Party Information

1. Enter Responding Party’s Name and Address: Fill in the full name and address of the seller or other responding party.

2. Responding Party’s Contact Numbers and Email: Include home, work, and cell phone numbers, and email address.

Responding Party’s Legal Counsel Information (if known)

1. Enter Legal Counsel Details: Include the name, firm name, address, office phone, fax, cell phone, and email of the responding party’s lawyer.

Responding Party’s Real Estate Brokerage Information (if applicable)

1. Enter Brokerage Details: Include the name, address, office phone, fax, cell phone, and email of the agent or brokerage involved.

Step 4: Complete Requesting Party Dispute Information (Form 3RQP)

This form outlines the nature of the dispute.

1. Print Names of Parties: Write the names of both the requesting (your client) and responding parties.

2. Property Address: Enter the full address of the property in dispute.

3. Nature of Dispute: Select the appropriate box describing your client's claim (e.g., Specific Performance, Escrow Deposit, Property Condition).

4. Brief Description of the Problem: Write a short description of the issue.

5. Claim Amount or Estimated Damages: List the amount of money involved or estimated damages, if applicable.

6. Verification of Contract: Attach a full copy of the sales agreement.

Step 5: Fill Out Mediation Scheduling & Contact Information (Form 4RQP)

This form provides contact details for scheduling the mediation.

1. Enter Scheduling Contact Information: Include the name, daytime phone number, and email address of the person responsible for scheduling the mediation (usually the attorney).

2. Disability Services (if applicable): Check the box and attach a written description if special services are required.

Step 6: Complete Payment & Fee Information (Form 5RQP)

This form collects payment details for administrative and mediator fees.

1. Print Requesting Party Names: Write the names of the requesting parties.

2. Administrative Fee: Confirm the non-refundable administrative fee of $200.

3. Indicate Payment Method: Specify how the fee will be paid (check, money order, cashier check, or credit card).

4. Credit Card Payment: If paying by credit card, provide the card details and sign.

5. Mediator Fees: Note that mediator fees are separate and must be paid directly to the mediator before the mediation ($250 per hour with a 2-hour minimum).

Step 7: Client Review and Signatures

1. Send Completed Forms to Client: Ensure all forms are sent to your client for review.

2. Client Signatures: Make sure your client signs all required sections.

Step 8: Submit the Forms

1. Collect Supporting Documents: Gather all necessary documents, including the sales agreement and payment details.

2. Prepare a Cover Letter: Write a summary of the request and list the supporting documents.

3. Email Submission: Send the forms and documents to mdrealtors@mediate.com with the subject line “Mediation Request - [CLIENT NAME]”. Include the following in the email body: “We have been retained by [CLIENT NAME] and have a real estate mediation request on their behalf. Please make us the primary contact.

Training Materials

• Mediation Program Pamphlet 2023: Includes detailed rules and guidelines for the mediation process.

• Mediation Program Pamphlet 2020: Provides additional background and procedural information.

• Sample Completed Forms: For reference and to ensure accuracy in filling out the forms.

Quality Assurance

• Ensure all forms are filled out correctly and legibly.

• Maintain copies of all submitted documents for your records.

• Follow up with the mediation program to confirm receipt and processing of the request.

Attachments

1. RQP FORMS 20231.pdf: Contains all required forms for mediation requests.

2. Mediation Program Pamphlet 2023.pdf: Detailed program rules and guidelines.

3. Mediation Program Pamphlet 7-2020-2.pdf: Additional information and process overview.

By following this SOP, paralegals and legal professionals can ensure a thorough and efficient process for submitting mediation requests in Maryland.