Mediation is a form of alternative dispute resolution required by the judicial process in Maine. It is an opportunity for you, your spouse or ex-partner, and your lawyers (if you have them) to meet with a neutral third party who is trained in mediation to see whether you can work out an agreement as to all of the contested issues in your case.
Mediation is required for all family law cases in which the parties have not come to agreement on all issues, unless the Court allows the parties to waive mediation. Generally, you cannot get a contested hearing without having gone to mediation to try to work out your differences.
A mediator is a discussion facilitator, not a judge, arbitrator or decision maker. It is the mediator's job to help the parties work toward an agreement, but the mediator has no decision making power as to what the agreement should say. In mediation, the decision making power remains with the parties.
There is a $120 fee for court-sponsored mediation, which is usually divided equally between the parties, unless the court orders otherwise. The fee needs to be paid to the clerk of court before mediation. -- Law Office of Barbara Cardone, P.A. |