Your questions, answered.
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Unfortunately, Maine doesn’t have any set rules for the licensing or conduct of mediators. However, you can expect that I will run your mediation in adherence to the code of conduct required by court-appointed mediators in Maine as well as the Maine Association of Mediators.
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Mediation is a voluntary process. If the other party refuses to negotiate, the dispute will continue on its course, to include litigation.
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Yes.
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The mediation process itself is not legally binding. It is an opportunity to talk through resolution of a problem. Parties are free to discontinue the conversation at any time. However, if an agreement can be reached, a written document will be prepared at the end of the session and once both parties sign that document, it may be considered binding.
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In order for mediation to work, both parties need to act in good faith. This means that you share information openly and honestly. However, there may be something you aren’t ready to disclose. Think about the nature of what you’re hesitating to share. It’s also possible to speak with the mediator 1:1 to get their insight.
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We have options. If our connection becomes unstable, we can turn off our cameras. We can also change to a session over the phone. As a last resort, we can reschedule.
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Most mediation sessions are completed in a single day or within a few meetings, compared to months or years for litigation. Mediation offers a fast, efficient dispute resolution process.
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Yes! Maine does not require you to hire an attorney to get divorced. You can file for divorce on your own ("pro se"), and many couples do, especially when the split is amicable and there aren't major disputes over property, debt, custody, or support.
That said, "without an attorney" doesn't mean "without any help." This is where mediation often comes in. A mediator can walk you through the major issues in your divorce in a structured, neutral setting. You would then file your agreement (and other divorce papers) with the court.
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An honest answer is: mediation doesn't work for everyone, every time.
Here are the important things to keep in mind. Mediation is voluntary, which means either person can decide it's not the right fit, at any point. If that happens, you haven't failed, and you haven't lost anything. You still have every option you had before we started: negotiating directly, working with attorneys, or going to court. Nothing about trying mediation first closes those doors.