Third Party Neutral Mediation Program

Third Party Neutral Mediation Program

Why should you encourage your clients to pay for a Commission mediation? Quite simply, to save money. Settle early and avoid litigation costs, and get outstanding mediation for a fraction of what you would pay top mediators at a market rate! 

In Winter 2013 the Commission launched a low-cost and highly-effective Third Party Neutral Mediation Program ("Program"), offering highly-skilled mediators with expertise in MHRA matters. The Program has proven to be highly effective, resulting in resolution of about 66% of cases that are referred to the Program. 

The Commission maintains a roster of mediators who are assigned cases on a rotating basis. Parties are not allowed to choose their mediators - they are assigned randomly after a conflict check. Generally mediations are allotted up to abut 3.5 hours, depending on the mediator's preference and availability. The Commission presumes that mediations will take place at its offices in Augusta.

Mediation program fees:

The Commission's first-rate mediations are available for a very low fee of $550. Each party to a case must pay $275 to the Commission to secure a Program mediation. The funds will be used to pay mediators a $500 stipend for each mediation conducted.  The funds will all be paid into and out of a dedicated​, segregated​ Commission mediation fund.

The funds left from each case ($550 collected less $500 mediator stipend) are utilized to cover mediation costs for parties who cannot afford the mediation fee. The Commission has adopted an application form for those parties who wish to request a waiver of the mediation fee; it will be available upon request from staff. The Commission's Executive Director retains discretion to grant or deny waiver requests. Also, waiver requests are contingent on the Commission having sufficient funds in the Program fund to cover the waived fee. 

Mediation Program Payments:

Payment of mediation fees must be tendered to the Commission prior to the day of mediation, and the Commission may cancel mediation if payment is not made beforehand. Also, if a party cancels mediation after the mediator has already prepared for or traveled to mediation, that party may forfeit part or all of its fee portion. The Commission may in the future move to accept credit cards but currently does not have that ability, so checks should be made out to the MHRC and reference a case number and mediation.  Link to pay for mediation by credit card.

For parties who may wish to use a private mediation service, the Maine Association of Mediators provides information about mediation and a roster of its members, with information on each mediator’s credentials and experience, available at www.mainemediators.org. Users of the Maine Association of Mediators website are able to refine their search for mediators by geographic area and areas of expertise, such as employment matters. The link to the roster of mediators accessible on the Maine Association of Mediators’ website does not represent endorsement by the Commission.