Me. Rev. Stat. » Title 19-A
Maine Revised Statutes

Me. Rev. Stat. tit. 19-A, § 251 (2026)

Mediation

✓ current as of May 2026
Find cases: SyfertCases citing this section ME-LEGlegislature.maine.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
1.  Court authority to order mediation.  The court may, in any case under this Title, at any time refer the parties to mediation on any issue.  
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
2.  Required mediation.  Except as provided in paragraph B, prior to a contested hearing under chapter 27, chapter 29, chapter 55, chapter 61 or chapter 63 when there are minor children of the parties, the court shall refer the parties to mediation.  
A. For good cause shown, the court, prior to referring the parties to mediation, may hear motions for temporary relief, pending final judgment on an issue or combination of issues for which good cause for temporary relief has been shown.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
B. Upon motion supported by affidavit, the court may, for extraordinary cause shown, waive the mediation requirement under this subsection.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
[PL 2015, c. 296, Pt. C, §6 (AMD); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Mediated agreement.  An agreement reached by the parties through mediation on issues must be reduced to writing, signed by the parties and presented to the court for approval as a court order.  
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
4.  No agreement; good faith effort required.  When agreement through mediation is not reached on an issue, the court must determine that the parties made a good faith effort to mediate the issue before proceeding with a hearing. If the court finds that either party failed to make a good faith effort to mediate, the court may order the parties to submit to mediation, may dismiss the action or a part of the action, may render a decision or judgment by default, may assess attorney's fees and costs or may impose any other sanction that is appropriate in the circumstances.  
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
5.  Failure to appear.  The court may also impose an appropriate sanction upon a party's failure without good cause to appear for mediation after receiving notice of the scheduled time for mediation.  
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
6.  Waiver of mediation; questions of law.  The court may hear motions to waive mediation in cases in which there are no facts at issue and all unresolved issues are questions of law.  
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2015, c. 296, Pt. C, §6 (AMD). PL 2015, c. 296, Pt. D, §1 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1999–2023 · leading case: Nadeau v. Nadeau, 957 A.2d 108 (Me. 2008).
Sort: Relevance Newest Treatment
Nadeau v. Nadeau, 957 A.2d 108 (Me. 2008). · cites it 3× “92(b)(1); see also 19-A M.R.S. § 251(2)(B) (2007). All parties are required to make a good faith effort to mediate all disputed issues.”
Selcuk Karamanoglu v. Catherine (Karamanoglu) Gourlaouen, 2016 ME 86 (Me. 2016). · cites it 3× “19-A M.R.S. § 251(2) (2015). 4 Despite that general requirement, the Legislature has recognized that there are instances where a party may be able to demonstrate “extraordinary cause” to dispense with that prerequisite, and upon such a showing, the court is authorized to waive…”
Malenko v. Handrahan, 2009 ME 96 (Me. 2009). “See 19-A M.R.S. § 251(2) (2008). If successful, a mediated agreement would save the family from lengthy additional litigation and expense.”
Kinter v. Nichols, 1999 ME 11 (Me. 1999). · cites it 3× “” The parties complied with the statutory requirement of mediation (see 19-A M.R.S.A. § 251(2)), 7 by participating in a telephonic mediation session with a court-appointed mediator two days before the July 10, 1997 hearing.”
Dewhurst v. Dewhurst, 2010 ME 99 (Me. 2010). · cites it 4× “The court also has discretion to order mediation in divorce matters not involving minor children pursuant to 19-A M.R.S. § 251(1) (2009). *25 In mediated family and divorce cases, any “agreement reached by the parties through mediation on issues must be reduced to writing,…”
Twomey v. Twomey, 888 A.2d 272 (Me. 2005). · cites it 2× “§ 251(2) (1998) provides that all contested domestic relations matters involving minor children, including a post-judgment request for modification, be referred to mediation, and allows for a waiver of mediation only under certain circumstances. See also Levy, Maine Family Law:…”
Pamela M. Jensen v. Larry R. Jensen, 2015 ME 105 (Me. 2015). “See 19-A M.R.S. § 251(3) (2014) (“An agreement reached by the parties through mediation on issues must -be reduced to writing, signed' by the parties and presented to the court for approval as a court order.”
Nadine R. Aubuchon v. Franklin D. Blaisdell Jr., 2023 ME 5 (Me. 2023). “” 19-A M.R.S. § 251(3) (2022). “As to the additional language used by the court in [a] divorce judgment .”
— Me. Rev. Stat. tit. 19-A, § 251(1) — 1 case
Dewhurst v. Dewhurst, 2010 ME 99 (Me. 2010). “The court also has discretion to order mediation in divorce matters not involving minor children pursuant to 19-A M.R.S. § 251(1) (2009). *25 In mediated family and divorce cases, any “agreement reached by the parties through mediation on issues must be reduced to writing,…”
— Me. Rev. Stat. tit. 19-A, § 251(2) — 5 cases
Selcuk Karamanoglu v. Catherine (Karamanoglu) Gourlaouen, 2016 ME 86 (Me. 2016). “19-A M.R.S. § 251(2) (2015). 4 Despite that general requirement, the Legislature has recognized that there are instances where a party may be able to demonstrate “extraordinary cause” to dispense with that prerequisite, and upon such a showing, the court is authorized to waive…”
Malenko v. Handrahan, 2009 ME 96 (Me. 2009). “See 19-A M.R.S. § 251(2) (2008). If successful, a mediated agreement would save the family from lengthy additional litigation and expense.”
Kinter v. Nichols, 1999 ME 11 (Me. 1999). “” The parties complied with the statutory requirement of mediation (see 19-A M.R.S.A. § 251(2)), 7 by participating in a telephonic mediation session with a court-appointed mediator two days before the July 10, 1997 hearing.”
Twomey v. Twomey, 888 A.2d 272 (Me. 2005). “§ 251(2) (1998) provides that all contested domestic relations matters involving minor children, including a post-judgment request for modification, be referred to mediation, and allows for a waiver of mediation only under certain circumstances. See also Levy, Maine Family Law:…”
Dewhurst v. Dewhurst, 2010 ME 99 (Me. 2010). “The court also has discretion to order mediation in divorce matters not involving minor children pursuant to 19-A M.R.S. § 251(1) (2009). *25 In mediated family and divorce cases, any “agreement reached by the parties through mediation on issues must be reduced to writing,…”
— Me. Rev. Stat. tit. 19-A, § 251(2)(B) — 4 cases
Nadeau v. Nadeau, 957 A.2d 108 (Me. 2008). “92(b)(1); see also 19-A M.R.S. § 251(2)(B) (2007). All parties are required to make a good faith effort to mediate all disputed issues.”
Selcuk Karamanoglu v. Catherine (Karamanoglu) Gourlaouen, 2016 ME 86 (Me. 2016). “19-A M.R.S. § 251(2) (2015). 4 Despite that general requirement, the Legislature has recognized that there are instances where a party may be able to demonstrate “extraordinary cause” to dispense with that prerequisite, and upon such a showing, the court is authorized to waive…”
Kinter v. Nichols, 1999 ME 11 (Me. 1999). “” The parties complied with the statutory requirement of mediation (see 19-A M.R.S.A. § 251(2)), 7 by participating in a telephonic mediation session with a court-appointed mediator two days before the July 10, 1997 hearing.”
Dewhurst v. Dewhurst, 2010 ME 99 (Me. 2010). “The court also has discretion to order mediation in divorce matters not involving minor children pursuant to 19-A M.R.S. § 251(1) (2009). *25 In mediated family and divorce cases, any “agreement reached by the parties through mediation on issues must be reduced to writing,…”
— Me. Rev. Stat. tit. 19-A, § 251(3) — 2 cases
Pamela M. Jensen v. Larry R. Jensen, 2015 ME 105 (Me. 2015). “See 19-A M.R.S. § 251(3) (2014) (“An agreement reached by the parties through mediation on issues must -be reduced to writing, signed' by the parties and presented to the court for approval as a court order.”
Nadine R. Aubuchon v. Franklin D. Blaisdell Jr., 2023 ME 5 (Me. 2023). “” 19-A M.R.S. § 251(3) (2022). “As to the additional language used by the court in [a] divorce judgment .”
— Me. Rev. Stat. tit. 19-A, § 251(4) — 1 case
Nadeau v. Nadeau, 957 A.2d 108 (Me. 2008). “92(b)(1); see also 19-A M.R.S. § 251(2)(B) (2007). All parties are required to make a good faith effort to mediate all disputed issues.”
— Me. Rev. Stat. tit. 19-A, § 251(8) — 1 case
Dewhurst v. Dewhurst, 2010 ME 99 (Me. 2010). “The court also has discretion to order mediation in divorce matters not involving minor children pursuant to 19-A M.R.S. § 251(1) (2009). *25 In mediated family and divorce cases, any “agreement reached by the parties through mediation on issues must be reduced to writing,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.