Examples of How Mediation is Used in State
Agencies
Department
of Labor
Bureau of Worker's
Compensation
Department of Behavioral
and Developmental Services
Administrative Office of the Courts
Department of Environmental
Protection
Department
of Education
The Office of Court ADR is the umbrella program for alternative
dispute resolution in the Judicial Branch of Maine. Through
the Court Alternative Dispute Resolution Service, or CADRES,
the court offers mediation in domestic relations cases, small
claims, general civil litigation, land use disputes, natural
gas pipeline disputes and environmental matters. In civil
cases in Superior Court, arbitration and early neutral evaluation
are also offered through the courts.
CADRES maintains seven statewide ADR rosters of neutrals:
small claims mediation, domestic relations mediation, general
civil litigation mediation, land use and environmental mediation,
Superior Court mediation, Superior Court arbitration and Superior
Court early neutral evaluation. Requirements for training
and experience have been established for each roster, and
neutrals must submit an application to be accepted to a roster.
Continuing education requirements must be fulfilled on an
annual basis. Neutrals are compensated for their services.
Because mediation is mandatory in small claims and contested
domestic relations (family matters) cases, these cases are
automatically referred to mediation. Typically, about 3400
domestic relations cases and about 1200 small claims cases
are mediated each year.
Mediation is mandatory in contested domestic relations cases
pursuant to 19-A MRSA § 251. Mediation in small claims
is mandatory pursuant to court rule SJC-319.
Rule 16B of the Maine Rules of Civil Procedure requires participation
in some form of ADR in Superior Court civil cases, unless
the case is exempt or the requirement is waived by a judge.
Parties may choose whether to engage in mediation, non-binding
arbitration or early neutral evaluation.
Source: Diane Kenty, Esq., Director, Office of Court
ADR.
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