Maine Motion to Refer Case to Mediation

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US-02642BG
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

If you have been served with court papers in a divorce or parental rights and responsibilities case, you may file a written response (called an "answer") within 21 days of when you received the papers. Your answer or response may include a ?counterclaim? (a claim against the plaintiff).

It may be easy to establish who is at fault, but you do not want to go into mediation saying things like, ?This is all your fault? or ?If not for you, I wouldn't have been injured.? Placing blame can raise the other party's guard, which could make them less likely to compromise.

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.

Mediation is one of the effective and now well known alternative dispute resolution methods, which helps the litigants to resolve their disputes voluntarily and amicably with the assistance of a third party known as 'Mediator'. The mediator by his skills assists the parties to settle their disputes.

Whenever a judgment debtor or any other person fails to comply with any court order entered pursuant to this chapter, except an order against a judgment debtor issued for failure to comply with a disclosure subpoena, the judgment creditor may file a motion with the court to hold that person in contempt.

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.

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Maine Motion to Refer Case to Mediation