Maine Motion By Plaintiff to Refer Cause to Mediation

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Multi-State
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US-01006BG
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Description

Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening.

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FAQ

Small claims court provides a speedy and inexpensive way to resolve disputes when the plaintiff's claim is $6,000 or less. Cases are heard and decided in Maine District Court by a judge without a jury.

Mediation is a flexible, informal process in which parties talk together with the assistance of a trained neutral mediator to try to resolve their dispute. The mediator has no power to decide the case or impose a resolution. The parties control the outcome.

Court referred mediation or Court annexed mediation is the manner of how a case in court is referred to mediation directing the parties to report to designated individual(s) or a committee set up for that purpose and carry through the talks for ending the dispute.

Maine Rule of Civil Procedure 16(b) requires some form of ADR in most types of civil cases. Rule 16B requires the parties in most types of civil cases to attempt to resolve their dispute through some form of ADR. Rule 16B gives the parties a choice of mediation, non-binding arbitration or early neutral evaluation.

No judgment by default shall be entered upon a claim based on a negotiable instrument or other negotiable obligation unless an original or copy of the instrument or obligation is filed with the clerk or unless the court for cause shown shall otherwise direct on such terms as it may fix.

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Maine Motion By Plaintiff to Refer Cause to Mediation