M.R. Civ. P. 92

This rule shall govern the operation of the Court Alternative Dispute

Resolution Service established pursuant to 4 M.R.S. § 18-B.

(a) Alternative Dispute Resolution in General Civil Actions.

(1) Rule 16B Referrals in the Superior Court. Unless exempted, all

contested civil actions filed in or removed to the Superior Court are subject to

the alternative dispute resolution (ADR) process specified in Rule 16B.

(2) Referees. Rule 53 governs reference of cases in the Superior

Court or the District Court, including reference of family matters.

(3) CADRES Referrals Not Otherwise Governed. By agreement of the

parties or in the court’s discretion upon a finding of good cause, any civil action

not otherwise governed or exempted by statute, rule, or order, may be referred

to ADR through the Court Alternative Dispute Resolution Service (“CADRES”)

or another ADR agreed to by the parties. The following applies to civil actions

referred to ADR through CADRES:

(A) Administrative Fee. If the referral is made through CADRES, the

parties shall pay an administrative fee, which shall be shared equally by

the parties and paid to the clerk, unless in forma pauperis status has been

granted pursuant to Rule 91;

(B) Notification to CADRES. Upon payment of the administrative

fee, the clerk shall notify CADRES of payment and send a copy of the

referral order to CADRES;

(C) Selection of Provider. Except when proceeding pursuant to Rule

16B or Rule 53, in actions referred to mediation or another form of ADR

through CADRES, the parties shall select their ADR provider from the

roster approved by CADRES;

(D) Date and Location of ADR. Once selected, the ADR provider

shall assist the parties in arranging a mutually agreeable date, time, and

location for mediation. ADR may take place at a courthouse, if space is

available and if authorized by the clerk; and

(E) Compensation to Provider. The parties and the ADR provider

shall negotiate and agree on compensation for services, and such

compensation shall be paid directly to the ADR provider.

(b) Mediation of Family Matters.

(1) Mediation Required. All contested divorce, parental rights,

judicial separation, and child support actions shall be referred to mediation,

unless mediation is waived pursuant to 19-A M.R.S. § 251(2)(B).

(2) Mediation Optional. Actions for visitation rights of

grandparents, emancipation of minors, paternity or parentage, guardianships

of minor children, termination of guardianships of minor children, adoptions of

minor children, name changes of minor children, and motions to modify a

preliminary injunction, motions to enforce a judgment, and motions for

contempt may be referred to mediation.

(3) Mediation Not Available. Protection from abuse and protective

custody actions (other than those that may be specially referred or included in

a pilot mediation program) are not subject to referral to mediation.

(4) Court Defined. As used in this subdivision (b) of the Rule, the

term “Court” includes a Justice, Judge or Family Law Magistrate.

(5) CADRES Referral. In all contested family matters referred to

mediation through CADRES, the following shall apply:

(A) Date and Location of Mediation. Mediation shall occur prior to

the assignment of a hearing date unless otherwise ordered by the court.

Mediation shall be scheduled to occur within 28 days of the order for

mediation, unless otherwise ordered by the court. Mediation shall be

held at a courthouse, unless otherwise authorized by the court or the

Director of CADRES;

(B) Mediation Fee. A mediation fee as set by the court shall be paid

by the date ordered, which shall be before the mediation or when

mediation is requested by a party. The fee entitles the parties to two

mediation sessions. An additional mediation fee is due for any further

mediation. When a mediation session is not held due to failure of one or

more participants to appear, the court may reschedule the mediation

session at no additional cost and/or impose sanctions. No mediation fee

is required for mediation of motions solely to enforce child support

orders or when mediation is requested by the Department of Health and

Human Services;

(C) Apportionment and Payment of Mediation Fee. The mediation

fee shall be shared equally by the parties, unless otherwise ordered by

the court. In ordering payment of the mediation fee, the court shall

specify the amount due by each party with a payment date;

(D) Assignment of Mediators. Mediators on the Domestic Relations

Mediation Roster shall notify the clerk of the courts to which they are

assigned by CADRES of the dates and times at which they are available to

mediate. The clerks shall assign mediation to eligible rostered mediators

on a rotating basis that is generally equitable over time. If a party or

attorney requests assignment of a specific mediator, the clerk shall

attempt to honor that request to the extent practicable. If a party or

attorney objects to the assignment of a certain mediator, the clerk shall

honor that request and assign a different mediator. At least twice

annually, CADRES shall supply to every District Court a current list of

mediators on the Domestic Relations Mediation Roster for that court;

(E) Attendance at Mediation. Each party and the party’s attorney, if

any, shall be present at mediation and shall make a good faith effort to

mediate all disputed issues. In exceptional circumstances, a party may

participate by telephone with the prior approval of the court. If any party

or attorney fails to attend or to make a good faith effort to mediate, the

court may impose appropriate sanctions;

(F) Exchange of Information. If any financial issues, including child

support, spousal support, or property division are contested, each party

shall complete and file with the court, with a copy to the other party, a

properly completed Child Support Affidavit, Child Support Worksheet

and Financial Statement. When required, these documents shall be filed

with the court at least three (3) business days prior to the scheduled

mediation; and

(G) Continuances. A party requesting a continuance of a mediation

session shall file a written motion with the clerk at least four (4) days in

advance of the scheduled mediation, and shall otherwise comply with the

requirements of Rule 40(c), including the requirement that the motion to

continue or cancel a scheduled mediation must be filed immediately after

the cause or grounds becomes known. All continuance requests shall be

heard and ruled on by the court. A mediator may not grant a continuance

for mediation or reschedule a mediation session.

(c) Mediation of Small Claims.

(1) Mediation Required. The parties to all Small Claims cases may

be required to participate in mediation as ordered by the court. This

requirement does not apply to Small Claims disclosure actions, which are not

subject to referral to mediation.

(2) Date and Location of Mediation. Mediation shall take place on

the hearing date, unless all parties agree to hold mediation prior to the hearing

date, and CADRES is able to arrange for mediation. Mediation shall take place

at a courthouse, unless otherwise authorized by the court or the CADRES

Director.

(3) Mediation Fee. The mediation fee is included in the small claims

filing fee, and no additional fee is required for mediation.

(4) Assignment of Mediators. The clerk of court, or a designee, shall

notify CADRES of all dates on which the Small Claims docket is to be scheduled,

as well as any subsequent scheduling changes. CADRES shall assign one or

more mediators to provide mediation services at every scheduled Small Claims

docket. At least twice annually, CADRES shall supply to every District Court a

current list of Small Claims mediation assignments, as well as a current list of

mediators on the Small Claims Mediation Roster.

(5) Continuances. All requests for continuance of mediation or a

hearing date shall be presented to and ruled on by the court. A mediator may

not grant a continuance for mediation or a hearing date in a Small Claims case.

(d) Mediation of Land Use and Natural Gas Pipeline Matters.

(1) Referral to Mediation. All requests for mediation of land use or

natural gas pipeline matters pursuant to 5 M.R.S. §§ 3341 or 3345 shall be

referred to CADRES upon the filing of an application with the Superior Court as

required by 5 M.R.S. §§ 3341(4) and 3345(4). The original application will be

docketed and retained by the clerk in an “SA” file, and a copy sent to the CADRES

Director. In addition to these statutory land use matters, any case involving a

land use dispute may be referred to CADRES at the discretion of the court or on

request of the parties.

(2) Date and Location of Mediation. Once the mediator is selected,

the mediator shall assist the parties in arranging a mutually agreeable date,

time and location for mediation. The mediation may take place at a courthouse,

if space is available, and if authorized by the clerk.

(3) Mediation Fee. The fee for the initial land use and natural gas

pipeline mediation session is payable by the landowner who submits the

application. Additionally, the CADRES Director shall determine the cost of

providing notice, if any, which the landowner shall pay prior to the scheduling

of mediation. If subsequent mediation sessions occur, the parties and mediator

shall agree on an appropriate fee arrangement.

(4) Selection of Mediator. The parties shall choose their mediator

from the Land Use and Environmental Mediation Roster list provided by

CADRES. A list of mediators on the Land Use and Environmental Mediation

Roster shall be available to the public in printed copy upon request and posted

on the Judicial Branch website, where it shall be updated at least twice annually.

(e) Mediation of Environmental Enforcement Actions.

(1) Referral. All requests for mediation pursuant to 38 M.R.S.

§ 347-A shall be referred to CADRES upon the receipt of a request from a party.

(2) Mediation Fee. A fee for environmental enforcement mediation

shall be paid. If an action pursuant to Rule 80K is not already pending, the

additional applicable filing fee is required. Notwithstanding the general

exemption for state agencies from payment of fees, the State of Maine

Department of Environmental Protection (DEP) shall pay one-half of the fee

and may pay the entire fee. The DEP is exempt from payment of any filing fee.

(3) Selection of Mediator. The parties shall choose their mediator

from a Land Use and Environmental Mediation Roster provided by CADRES. A

current listing of the mediators on the Land Use and Environmental Mediation

Roster shall be available to the public in printed copy upon request and posted

on the Judicial Branch website, where it shall be updated at least twice annually.

(4) Date and Location of Mediation. Once the mediator is selected,

the mediator shall assist the parties in arranging a mutually agreeable date,

time, and location for mediation. The mediation may take place at a courthouse,

if space is available, and if authorized by the clerk.

(f) Mediation in Forcible Entry and Detainer Actions.

(1) Mediation Required. The parties to all Forcible Entry and

Detainer actions may be required to participate in mediation as ordered by the

court. The court may not order mediation if no mediator is available on the

hearing date or if mediation would delay the hearing.

(2) Date and Location of Mediation. Mediation shall take place on

the hearing date, unless all parties agree to hold mediation prior to the hearing

date, and CADRES is able to arrange for mediation. Mediation shall take place

at a courthouse, unless otherwise authorized by the court or the CADRES

Director.

(3) Mediation Fee. The mediation fee is included in the filing fee.

(4) Assignment of Mediators. The clerk of court, or a designee, shall

notify CADRES of all dates on which the Forcible Entry and Detainer docket is

to be scheduled, as well as any subsequent scheduling changes. CADRES shall

assign one or more mediators to provide mediation services at every scheduled

Forcible Entry and Detainer docket. At least twice annually, CADRES shall

supply to every District Court a current list of Forcible Entry and Detainer

mediation assignments, as well as a current list of mediators on the Forcible

Entry and Detainer Mediation Roster.

(5) Continuances. All requests for continuance of mediation or a

hearing date shall be presented to and ruled on by the court. A mediator may

not grant a continuance for mediation or a hearing date.

(g) Mediation in Title 32 Consumer Collection Actions.

(1) Definitions. A “consumer collection action” is a collection action,

32 M.R.S. § 11002(1-A), brought by a debt buyer against a consumer, 32 M.R.S.

§§ 11002(3), (5-A), 11019(1), or brought by a debt collector against a consumer

to collect a credit card or student loan debt, 32 M.R.S. §§ 11002(3), (6),

11020(1).

(2) Venue. Consumer collection actions may not be brought in

small claims court, 32 M.R.S. §§ 11020(2), 11021.

(3) Management. Mediation services requested under this rule

shall be managed by the Court Alternative Dispute Resolution Service

(CADRES) according to CADRES policies and procedures. Following Court

Order, CADRES shall arrange for mediation services in consumer collection

actions.

(4) Mediation Fee. The mediation fee is included in the filing fee.

(5) Mediation Upon Court Order. When a defendant in a consumer

collection action appears, answers, or requests mediation, and the case has met

initial filing requirements, the court may order mediation pursuant to this rule.

(6) Assignment of Mediators. The scheduling clerk or designee shall

notify CADRES when mediation of a consumer collection action is ordered by

the Court, and CADRES will schedule mediators in accordance with CADRES

policies and procedures.

(7) Format of Mediation. Mediation may take place at the

courthouse, remotely by videoconference or telephone, or another location

authorized by the court or the CADRES Director.

(8) Attendance at Mediation. Each party and the party’s attorney, if

any, shall be present at mediation and shall make a good faith effort to mediate

all disputed issues. The format of mediation will be determined by CADRES in

consultation with the court. Appearance and participation in mediation is

mandatory for:

(A) the defendant;

(B) counsel for the defendant, if represented;

(C) counsel for the plaintiff; and

(D) the plaintiff, or representative of the plaintiff, who has the

authority to agree to a proposed settlement. When the plaintiff is

represented by counsel who is present and has settlement authority, the

plaintiff or its representative must still appear but may participate by

telephone or video.

If any party or attorney fails to attend or to make a good faith effort to mediate,

the court may impose appropriate sanctions.

(9) Mediation Report.

(A) For each mediation session conducted pursuant to this rule, the

mediator shall complete and submit a mediation report to the court

within 24 hours after the session concludes.

(B) The mediation report shall state the outcome of mediation and

any agreements as to substantive issues and/or next steps. Any

settlement reached in cases sent to court-ordered mediation does not fall

within the definition of a “proposed order concerning settlement”

referenced in 32 M.R.S. § 11020(5).

(C) The mediator shall provide a copy of each mediation report to

parties and counsel at the end of the mediation session. If the mediator

does not have a party’s contact information and is therefore unable to

send a copy of the mediation report to that party, the mediator will notify

the clerk, who will send a copy.

(10) Multiple Sessions. Mediators are authorized to schedule

additional mediation sessions if requested by the parties. Such additional

sessions shall be conducted in accordance with this rule and CADRES policies

and procedures.

(h) Sanctions.

If a party or party’s attorney fails to appear at mediation or other ADR

process scheduled pursuant to this Rule, or fails to comply with any other

requirement of this Rule or any court order issued pursuant to this rule, the

court may, upon motion of a party or on its own motion, order the parties to

submit to mediation or other ADR, dismiss the action or any part of the action,

render a decision or judgment by default, or impose any other sanction that is

just and appropriate in the circumstances. In lieu of or in addition to any other

sanction, the court shall require the party or attorney, or both, to pay

reasonable expenses, including attorney fees, of the opposing party, and any

fees and expenses of a neutral, incurred by reason of the nonappearance, unless

the court finds that an award would be unjust in the circumstances.