1. A. The Ombudsman may terminate the mediation process at any time if the Ombudsman determines that mediation will not reasonably lead to resolution of the dispute.

2. B. In making the decision whether to terminate a mediation, the Ombudsman may consider, among other factors:

   1. (1) The duration of the mediation process;
   2. (2) The parties’ efforts to resolve the dispute;
   3. (3) The Ombudsman’s efforts to resolve the dispute;
   4. (4) The likelihood that the parties will change their positions;
   5. (5) A party’s failure to abide by the written standards of conduct;
   6. (6) A party’s failure to abide by the party’s confidentiality obligations; and
   7. (7) A party’s use of the mediation process for purposes of delay or harassment.
3. C. Upon termination of a mediation, the Ombudsman shall issue a final determination as provided in Regulation .11 of this chapter and, without disclosing confidential mediation communications, indicate the reason why mediation was terminated.

Authority: General Provisions Article, §§4-1B-01—4-1B-04, Annotated Code of Maryland

Effective date: June 17, 2019 (46:12 Md. R. 547)

Regulation .01 amended effective September 18, 2023 (50:18 Md. R. 800)

Regulation .02 amended effective September 18, 2023 (50:18 Md. R. 800)

Regulations .03—.06 repealed and new Regulations .03—.11 adopted effective September 18, 2023 (50:18 Md. R. 800)