Maine
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Maine. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Maine can be found in RSI’s Research Library and in Reports below.
State Legislation
- Maine Statute 4-5-183: Family Division of District Court
- Maine Statute 4-18-B: Court Alternative Dispute Resolution Service
- Maine Statute 14-6004-A: Mediation
- Maine Statute 14-6321-A: Foreclosure Mediation Program
- Maine Statute 18-A-8-111: Arbitration of claims
- Maine Statute 19-A-59-1804: Mediation
- Maine Statute 19-A-251: Alternative Dispute Resolution
- Maine Statute 19-A-101-4010: Protection from Abuse
Statewide Court ADR Rules and Policies
- Maine Rules of Civil Procedure: Rule 16B - Alternative Dispute Resolution
- Maine Rules of Civil Procedure: Rule 92 - Court Alternative Dispute Resolution Services
- Maine Rules of Civil Procedure: Rule 93 - Foreclosure Diversion Program
- Maine Rules of Civil Procedure: Rule 100-127 - Family Division
- Maine Court Alternative Dispute Resolution Service Operational Rules
- Maine Court Alternative Dispute Resolution Policy and Procedure Manual
- Maine Code of Conduct for Maine Judicial Branch ADR Neutrals
- Maine Rules of Small Claims Procedure Rule 5 - Settlement and Mediation
State Office of Court ADR:
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Maine Statute 4-5-183: Family Division of District Court
Maine State Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: In establishing the Family Division of the District Court, this statute authorizes the Supreme Judicial Court to write rules governing referral to mediation and other alternate dispute resolution programs. ...
Maine Statute 4-18-B: Court Alternative Dispute Resolution Service
Maine State Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: This statute establishes the Court Alternative Dispute Resolution Service, which is responsible for providing ADR services throughout the state. The statute also creates the Court Alternative Dispute Resolution Service Committee to set policy for and...
Maine Statute 19-A-59-1804: Mediation
Maine State Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: In disputes concerning the visitation rights of grandparents, this statute allows the court to refer such cases to mediation and require parties to participate in good faith. ...
Maine Statute 19-A-251: Alternative Dispute Resolution
Maine State Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: This statute requires the court to refer domestic relations cases to mediation, except when "extraordinary causes" require its waiver. The statute outlines the procedures for the filing of agreements, as well as the court's response to no agreement o...
Maine Statute 19-A-101-4010: Protection from Abuse
Maine State Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: For cases in which a party is seeking protection from abuse, this statute prohibits the court from mandating mediation or the appointment of referees. However, if an action for protection is joined with other domestic relations issue, mediation or re...
Maine Statute 18-A-8-111: Arbitration of claims
Maine State Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: For cases involving the property management of absent parties, this statute permits the court to authorize the appointed receiver of the property to use arbitration to resolve demands upon the absentee's estate. ...
Maine Statute 14-6004-A: Mediation
Maine State Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: This section states that the court may refer parties in any residential tenancy case to mediation. Parties must participate in good faith and, if an agreement is reached, it must be written, signed and presented to the court. If a mediator is unavail...
Maine Statute 14-6321-A: Foreclosure Mediation Program
Maine State Legislature. Jan. 1, 2019Resource Type: Legislation
Abstract: This statute authorizes the Maine Supreme Judicial Court to adopt rules establishing a Foreclosure Mediation Program for owner-occupied homes. In this program, financial information is kept confidential, except when the information is a part of the f...
Rules
Maine Rules of Civil Procedure: Rule 93 - Foreclosure Diversion Program
Maine Judicial Branch. Oct. 26, 2018Resource Type: Rules - Court
Abstract: This rule governs foreclosure actions against owner-occupant defendants who have been ordered to mediation. The rule outlines the responsibilities of the program's manager, mediator qualifications, mediator reports, and the creation and completion of...
Maine Rules of Civil Procedure: Rule 16B - Alternative Dispute Resolution
Supreme Court of Maine. Oct. 26, 2018Resource Type: Rules - Court
Abstract: Under this rule, parties to any civil action shall schedule an ADR conference, with some listed exemptions. Parties shall select the process and neutral, though if they cannot agree, mediation is the default and the court may select the neutral. The ...
Maine Rules of Civil Procedure: Rule 100-127 - Family Division
Supreme Court of Maine. Oct. 26, 2018Resource Type: Rules - Court
Abstract: Chapter XIII addresses cases involving minor children, child support, failure to appear, case management, conferences and discovery, among other topics. Mediation will be scheduled if parties cannot reach an agreement or if the court 'defers a confer...
Maine Rules of Civil Procedure: Rule 92 - Court Alternative Dispute Resolution Service
Maine Judicial Branch. Oct. 26, 2018Resource Type: Rules - Court
Abstract: This rule outlines general guidelines and requirements for the state's Court Alternative Dispute Resolution Service. It addresses ADR requirements for civil, family, and small claims disputes, as well as land use and natural gas pipeline matters and ...
Maine Court Alternative Dispute Resolution Policy and Procedure Manual
Maine Administrative Office of the Courts. Jul. 1, 2010Resource Type: Rules - Court
Abstract: This policy and procedure manual provides an overview of ADR in Maine state courts. The manual also contains information on the application and selection process for ADR rosters, inclusion and maintenance of neutrals on ADR rosters, and the assignmen...
Maine Rules of Small Claims Procedure Rule 5 - Settlement and Mediation
District Court of Maine. Jul. 1, 2007Resource Type: Rules - Court
Abstract: At the time set for hearing, the court may require parties to small claims disputes to meet in order to attempt to settle their dispute. All settlements resulting from mediation shall be submitted for court approval, though the court shall approve al...
Maine Code of Conduct for Maine Judicial Branch ADR Neutrals
Maine Judicial Branch. Nov. 27, 2001Resource Type: Rules - Court
Abstract: This code outlines standards of conduct for alternative dispute resolution (ADR) neutrals on a judicial roster in Maine. Canon 1 addresses the neutral's role in "establishing, maintaining and enforcing high standards of conduct," Canon 2 outlines a n...
Maine Court Alternative Dispute Resolution Service Operational Rules
Supreme Court of Maine. Adopted November 26, 1996; last amended September 2010Resource Type: Rules - Court
Abstract: Under this rule, cases may be referred to ADR on the court's own motion, on motion by a party, upon request by all parties, or when otherwise required by statute or rule. Approved ADR processes included, but aren't limited to, mediation, nonbinding a...
Reports
Foreclosure Diversion Program: Report to the Joint Standing Committee on Insurance and Financial Affairs and the Joint Standing Committee on Judiciary
Pearlman, Laura S.. Feb. 13, 2014Resource Type: Report
Abstract: In the Foreclosure Diversion Program annual report to the legislature, Maine's Administrative Office of the Court provided general statistics on the program. Approximately 36% of foreclosures filed in 2013 entered the program, down from 43% in 2012. ...
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
Family Law Mediation: Study Suggests Domestic Violence Does Not Affect Settlement
Wissler, Roselle L.. Dispute Resolution Magazine, Jan. 1, 1999Resource Type: Study
Abstract: This article reports the findings from a study that looked at whether settlement rates of domestic relations cases differed if there was violence involved in the disputes. The study looked specifically at cases mediated in Maine and Ohio in 1996-1998...
Trapping the Data: An Assessment of Domestic Relations Mediation in Maine and Ohio Courts
Wissler, Roselle L.. May. 1, 1999Resource Type: Report
Resource Type: Mediation Efficacy Study
Abstract: This report looks at domestic relations mediation in thirteen courts in Maine and six courts in Ohio. The data was gathered from participant questionnaires submitted for 789 cases mediated in Maine between February 1996 and March 1997 and from 154 ca...
The Maine Superior Court Alternative Dispute Resolution Pilot Project: Program Evaluation Final Report
Maiman, Richard J.; Karraker, David; Leighton, Al. Jan. 31, 1999Resource Type: Report
Abstract: The purpose of this pilot project was to investigate what effect dispute resolution conferences have on the decision to use ADR, the likelihood of settlement, the time to disposition, and the number of subsequent case events. In dispute resolution co...
Lawyers, Mediation, and the Management of Divorce Practice
McEwen, Craig A.; Maiman, Richard J.; Mather, Lynn. Law and Society Review, Jan. 1, 1994Resource Type: Study
Abstract: Through interviews with attorneys in Maine, this study examines the roles that attorneys play in divorce mediation and the ways in which they advise their clients about mediation. The authors describe divorce mediation in Maine with respect to corre...
An Evaluation of the ADR Pilot Project: Final Report
McEwen, Craig. Jan. 1, 1992Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: This study uses comparison groups to examine the impact mediation has on case time and cost. Three comparison groups were used, including cases randomly assigned to mediation, cases where parties requested mediation and litigated cases. The study fou...
Small Claims Mediation in Maine: An Empirical Assessment
McEwen, Craig A.; Maiman, Richard J.. Maine Law Review, Jan. 1, 1981Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: In this famous study, the authors compare the efficacy of three small claims mediation courts in Maine with that of three non-mediation courts. Survey and interview data showed that mediation participants had higher rates of satisfaction with the pro...
Contacts
State of Maine Judicial Branch - Alternative Dispute Resolution
Maine Judicial Branch.Resource Type: Organization
Abstract: Alternative dispute resolution (ADR) services began in Maine in the 1970s and are currently "available in every court and in every county in Maine." The Office of Court ADR serves as headquarters for ADR programs in the state and includes Court Alter...