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.