Avoid A Stalemate
"Private dispute resolution allows people to maintain
confidentiality and resolve their case quickly and economically without
losing control of the outcome." MFD
One Weston Court
P.O. Box 2147
Augusta, ME 04338
Tel. 207-623-5088
Fax 207-623-2517
matt@mattdyer.com
Please Visit My Blog: Maine Mediator
Mediation
Convenient
and Competent Dispute Resolution
Services for the Bar and the Public.
Private Mediation
Mediation is available to resolve any dispute, whether the
matter is
in court or before litigation commences. Mediation can resolve
civil lawsuits for damages, boundary disputes, workplace disputes,
construction contracts and in any other dispute where negotiation has
not produced a settlement between the parties.
It is common today for agreements and contracts to specify that
the
parties must mediate any dispute prior to litigation. This makes
a lot of sense. I have mediated many such disputes and have
helped the parties avoid litigation, saving them substantial time and
money.
Divorces are natural subjects for mediation for several reasons:
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Although the parties are breaking up, if they have children, it is critical that they reach agreement on a number of issues for the children's welfare. Mediation allows for the careful discussion and negotiation needed to reach accord, not discord.
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Time and money. Divorces dragged through the courts take well over a year and often two years to complete. The expense can be enormous. And, this is at a time when a family living under one roof, so to speak, (and paying for one roof) has to find a way to pay for two roofs to live under. And all this while supporting the additional cost of litigation out of their own pockets.
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Privacy. Private mediation is just that - private. Outsiders are not made privy to matters and information that are no one's business but the parties'. Courts are by definition public institutions.
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Mediation is confidential. What is discussed in mediation cannot be used outside the mediation room with few exceptions. Therefore, one can proceed in mediation without worrying that one's negotiating positions will be used against them later.
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Control. A divorce trial involves handing one's entire future over to the judge who happens to be sitting that day in the courthouse. Maine is blessed with some really excellent judges, but they don't have more than half a day or so to decide what is going to happen to a family they had not heard of before they came to court that day. Your chances of getting the issues you want addressed examined in the detail you want increase dramatically in mediation.
Rule 16B Superior Court Mediation
I am on the Superior Court roster of mediators. Since the
program began in 2002, I have mediated almost every type of case
that is litigated in the Superior Court. My experience as
an attorney representing real people in this court gives me the
experience I need to help resolve them. My background as a claims
adjuster gives me an understanding of the practical concerns of the
insurance industry that some mediators do not possess.
References are available upon request.
Fees
I charge an hourly rate which is generally shared equally by
the
parties. My charge is for the actual time I spend on the
mediation, including pre-mediation study of material submitted by the
parties and any post-mediation drafting of a memorandum of agreement
and so forth.