Frequently Asked Questions
Mediation
01. What is mediation, and how is it different from going to court?
Mediation in Maine is a confidential process where both parties meet with a neutral, court-approved mediator to discuss and resolve disputes—often related to parenting, property, or support. It allows families to make their own decisions rather than having a judge decide for them, and it can be faster and less stressful than litigation.
02. Do both parties have to agree to mediation for it to happen?
In some cases, mediation is required by the court—especially when children are involved and parents disagree on parental rights and responsibilities. Otherwise, mediation can be voluntary if both parties are willing to participate and work toward a fair agreement.
03. Is mediation legally binding, and what happens if we can’t reach an agreement?
Agreements reached in mediation only become legally binding once they are put in writing and approved by a judge. If mediation does not resolve all issues, the case proceeds to a hearing where the court will decide the remaining matters.
04. What is the goal of mediation?
Mediation helps both parties reach mutually acceptable solutions on family issues without a judge making decisions for them. It encourages cooperation, reduces conflict, and can save both time and legal expenses.
05. How much does court-ordered mediation cost in Maine?
The Maine Judicial Branch typically charges $80 per person per mediation session, though fees can be reduced or waived for financial hardship.
06. Can my attorney attend mediation with me?
Yes. You’re allowed to have your attorney present or consult them before and after sessions. Some people prefer to attend alone to keep the process more informal.
07. What if I feel unsafe during mediation?
If there’s a history of domestic abuse or intimidation, you can request special arrangements, such as being in separate rooms or participating remotely. The court will not require mediation if it poses a safety risk.
08. How do I prepare for mediation?
It’s best to come prepared with financial documents, proposed parenting schedules, and a clear idea of what matters most to you. Be ready to listen, compromise, and focus on long-term solutions.
09. What happens after mediation is successful?
If you reach an agreement, the mediator helps draft a written mediation agreement. Once both parties sign and the judge approves it, it becomes a legally binding court order.
Contact us with any questions you may have that weren't answered here.
