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Background
Consensus-Based Stakeholder Processes
Mediation of Disputes Involving State Agencies
Related Web Sites
Public Policy Consensus & Mediation:  State of Maine Best  Practices

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

Department of Behavioral and Developmental Services

The Maine Department Behavioral and Developmental Services contracts their mediation services to Community Mediation Services. CMS is located in Augusta and serves central Maine. Their services include family, landlord/tenant, neighborhood, employment, and school issues. Specifically for BDS, they provide caseworker/client, inter-agency, and intra-agency mediation. Funding from the Department of Corrections has allowed them to concentrate on mediation with juvenile offenders returning to their communities after some time in a juvenile correctional facility.

CMS has a roster of 25 volunteer mediators. Mediators are put on the roster on the basis of a phone interview, their resume, application, and references. Each completes forty hours of mediation training, and those who work with BDS undergo additional training on working with participants with mental health issues. Mediators for BDS receive a $50 stipend per session and are reimbursed for mileage. Those not mediating BDS-related cases volunteer their services for free. Completion deadlines are made, but they are based on many factors, including the availability of the parties and mediators, and the number of mediation sessions required. Most sessions occur within two weeks of the initial mediation request.

The Maine Community Mediation Coalition has developed a checks-and-balances system for quality control in mediation. Provisions include:

• Each mediation must involve two mediators, matched by CMS staff
• CMS staff provides supervision, with additional supervision available by a consultant
• Several forms must be completed, including Intake, Agreement to Mediate, Mediation Agreement, Mediation Evaluation, and Mediator Reflections.
• CMS staff makes a follow-up call to each participant to get feedback on how he or she felt about the mediation and if the agreement is working.

The Department of Behavioral and Developmental Services refers mediations to CMS. The Executive Director coordinates intake, scheduling, and participants, and also collects data. Including BDS-related mediations, CMS averaged sixty-five cases in 2000 and 2001.

Sources: Tracy Walk, Executive Director, CMS; Mary Beth Paquette, Coordinator, CMS.