Earl Acquaviva, Jr.
Earl J. Acquaviva, Jr. has served as a Maryland Circuit Court Mediator since 2012 and has practiced law in Maryland since 1983. As Senior Vice President, General Counsel, and Chief Litigation Officer of Bally Total Fitness, he designed the company's nationwide Employment Dispute Resolution Procedure in 1990 — resolving employment, personal-injury, class-action, and complex commercial disputes across 400+ fitness centers in 29 states and Canada.
Today, Earl mediates and arbitrates civil disputes in Maryland Circuit Courts and in private, multi-state matters nationwide, in person and via Zoom from his Kingsville office.
Earl handles four categories of civil disputes. Each page explains how mediation works for that dispute type, what to expect, and how to prepare.
Earl Acquaviva brings a combination most mediators cannot match: legal practice dating to 1983; corporate general counsel experience overseeing litigation for a company with 400+ fitness centers across 29 states and Canada; court approval in all Maryland Circuit Courts for civil, business, and technology, case types; and private mediation experience spanning 13 states — MD, VA, MA, PA, CA, AZ, DC, NC, AL, WA, TX, OH, and WI.
He built an ADR program that voluntarily resolved virtually all employment disputes for a workforce of 20,000+ — and he applies that same structured, resolution-first approach to every mediation today.
Earl offers free initial consultations for all types of disputes. Mediations are available in person at his Kingsville office or by Zoom — serving all Maryland Circuit Courts and private disputes nationwide.
Phone: 410-598-2658 Email: earlacquaviva@gmail.com Office: 11400 Marvon Road, Kingsville, MD 21087 Hours: Monday – Friday, 9:00 AM – 5:00 PM Eastern
Court-appointed mediators in Maryland charge $200–$300 per hour, depending on the case track, with the fee split between the parties under Maryland Rule 17-208. Parties who select their own private mediator pay that mediator's hourly rate instead. Mediation sessions typically run for two to three hours.
Maryland Rule 17-202 allows parties to substitute a court-appointed mediator with a private mediator agreed upon by both sides. The court's reduced hourly rate no longer applies when parties select their own mediator, and the private mediator's rate governs. The substitution request must be filed within the court's deadline.
Mediation is a facilitated negotiation where the parties control the outcome, and no one can force a settlement. Arbitration is a binding or non-binding hearing where the arbitrator issues a decision after reviewing evidence.
Maryland law protects mediation communications from disclosure in court under the Maryland Mediation and Confidentiality Act and Maryland Rule 17-109. Mediators cannot testify about statements made during sessions. Exceptions exist for child abuse reports, imminent threats of harm, and allegations of fraud or duress.
Most Maryland circuit court mediation sessions run two to three hours, though parties and the mediator can agree to extend or shorten the session. Complex multi-party disputes or class-action matters may require multiple sessions scheduled over several weeks to reach a resolution.
Maryland courts can order parties to attend mediation, but no court can compel a settlement under Maryland Rule 17-103. Agreements reached in mediation are final only when all participants sign voluntarily. Parties who do not reach an agreement retain the right to proceed to trial on all issues.
Maryland circuit courts refer contract disputes, personal injury and wrongful death claims, employment and discrimination cases, business partnership disputes, insurance claims, real property matters, and complex multi-jurisdictional class actions to mediation. Courts may order mediation at any stage after the scheduling conference.
Pre-litigation mediation can resolve a personal injury claim faster and at lower cost than a full lawsuit. Both parties must agree to participate voluntarily before a suit is filed. Mediation after discovery often produces better outcomes because both sides have exchanged evidence and understand the case value.
The case returns to the court's litigation track and proceeds toward trial. Nothing said during mediation can be used as evidence in court. The parties lose no legal rights by attempting mediation, and the court may still order a settlement conference before the trial date.
Gather all relevant documents — contracts, medical records, correspondence, financial statements — and bring them to the session. Attend with full settlement authority so decisions can be made at the table. Review the strengths and weaknesses of your position with your attorney before the session begins.
Earl Acquaviva, Jr mediates business disputes through the state of Maryland and Nationwide
