Me. Rev. Stat. » Title 39-A
Maine Revised Statutes

Me. Rev. Stat. tit. 39-A, § 313 (2026)

Procedure upon notice of controversy or other indication of controversy; mediation

✓ current as of May 2026
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1.  Procedure.  Except as provided in section 205, subsection 9, paragraph D, upon filing of notice of controversy or other indication of controversy, the matter must be referred by the board to mediation.  
[PL 1999, c. 354, §7 (AMD).]
2.  Mediation.  The mediator shall by informal means, which may include telephone contact, determine the nature and extent of the controversy and attempt to resolve it. The mediator is not bound by the rules of evidence or procedure, but shall make inquiry in the manner best calculated to ascertain the substantial rights of the parties and carry out the spirit of this Act. The mediator may require that the parties appear and submit relevant information.  
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
3.  Conclusion.  At the conclusion of mediation, the mediator shall file a written report with the board stating the information required by section 305, 2nd paragraph and the legal issues in dispute. If an agreement is reached, the report must state the terms of the agreement and must be signed by the parties and the mediator. If a full agreement is not reached, the report must state the information required by section 305, 2nd paragraph, any terms that are agreed on by the parties and any facts and legal issues in dispute and the report must be signed by the parties and the mediator.  
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
4.  Cooperation; sanctions.  The parties shall cooperate with the mediator assigned to the case. The assigned mediator shall report to the board the failure of a party to cooperate or to produce requested material. The board may impose sanctions against a party who does not cooperate or produce requested materials, including the following:  
A. Assessment of costs and attorney's fees;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
B. Reductions of attorney's fees; or   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
C. If the party is the moving party, suspension of proceedings until the party has cooperated or produced the requested material.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
For purposes of this subsection, "party" includes the Maine Insurance Guaranty Association under Title 24‑A, chapter 57, subchapter 3.  
[PL 2009, c. 129, §7 (AMD); PL 2009, c. 129, §13 (AFF).]
5.  Duties of employer or representative of the employee, employer or insurer.  The employer or representative of the employee, employer or insurer who participates in mediation must be familiar with the employee's claim and has authority to make decisions regarding the claim. The board may assess a forfeiture in the amount of $100 against any employer or representative of the employee, employer or insurer who participates in mediation without full authority to make decisions regarding the claim. If a representative of the employer, insurer or employee participates in mediation or any other proceeding of the board, the representative shall notify the employer, insurer or employee of all actions by the representative on behalf of the employer, insurer or employee and any other actions at the proceeding.  
For purposes of this subsection, "employer or representative of the employee, employer or insurer" includes the Maine Insurance Guaranty Association under Title 24‑A, chapter 57, subchapter 3.  
[PL 2009, c. 129, §8 (AMD); PL 2009, c. 129, §13 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1999, c. 354, §7 (AMD). PL 2009, c. 129, §§7, 8 (AMD). PL 2009, c. 129, §13 (AFF).
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Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1995–2025 · leading case: Bureau v. Staffing Network, Inc., 678 A.2d 583 (Me. 1996).
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Bureau v. Staffing Network, Inc., 678 A.2d 583 (Me. 1996). “” 39-A M.R.S.A. § 313(3) (Supp.1995). The legislative history suggests that the Legislature intended mediation to replace litigation whenever possible.”
Hoglund v. Aaskov Plumbing & Heating, 2006 ME 42 (Me. 2006). · cites it 3× “At the conclusion of the mediation, the mediator is required to file a written report to the Board, containing certain information: [T]he mediator shall file a written report with the board stating the information required by section 305, 2nd paragraph and the legal issues in…”
Guar. Fund Mgmt. Servs. v. Workers' Comp. Bd., 678 A.2d 578 (Me. 1996). “, 39-A M.R.S.A. §§ 313(4), (5), 353, 359(2).”
Com. Union Ins. v. Maine Employers' Mut. Ins., 2002 ME 56 (Me. 2002). “In August 1996, pursuant to 39-A M.R.S.A. § 313(1),(2) (2001), representatives for Agren, CU, and MEMIC participated in a mediation, which resulted in an agreement that “CU will pay 30% and Memic will pay 70%.”
Feiereisen v. Newpage Corp., 2010 ME 98 (Me. 2010). · cites it 10× “The mandate to participate does not, however, transform Feiereisen's attendance at mediation into an obligation that is reciprocal to any employer action or obligation. Feiereisen's travel that day served only his own purpose: to proceed *674 with his claim for benefits by…”
DeRice v. S.D. Warren Co., 1997 ME 84 (Me. 1997). · cites it 2× “39-A M.R.S.A § 313 (Supp.1996). [¶4] Applying former section 110, the Board concluded that because mediation replaced the former informal conference, and because the employers were represented by counsel at the mediations, the employers are required to pay fees for the period…”
Pearson v. Freeport Sch. Dep't, 900 A.2d 728 (Me. 2006). “See 39-A M.R.S. § 313 (2005). *732 [¶ 14] The memorandum of payment dated November 14, 2003, incorrectly reported a violation of the fourteen-day rule for the period from October 29, 2003, through November 14, 2003, resulting in the payment of $50 in benefits.”
Cook v. Greyhound Bus Lines, Inc., 659 A.2d 287 (Me. 1995). “1, 1993) (codified at 39-A M.R.S.A. § 313 (Supp.1994)). Section 68 authorizes the Board to deduct a reasonable fee from an employer's lien against a third-party recovery.”
Com. Union Ins. Co. v. Maine Employers Mut. Ins. Co. (Me. Super. Ct 2001). · cites it 3× “The first of these is 39-A M.R.S.A. § 313 (2000). It provides for mediation of disputes among employee, employer, and insurer with the objective of reaching agreement among them.”
Katherine Stovall v. New England Tel. Co., 2025 ME 47 (Me. 2025). “1996) (first report of injury); 39-A M.R.S.A. § 313 (Supp. 1996) (notice of controversy).”
— Me. Rev. Stat. tit. 39-A, § 313(1) — 4 cases
Com. Union Ins. v. Maine Employers' Mut. Ins., 2002 ME 56 (Me. 2002). “In August 1996, pursuant to 39-A M.R.S.A. § 313(1),(2) (2001), representatives for Agren, CU, and MEMIC participated in a mediation, which resulted in an agreement that “CU will pay 30% and Memic will pay 70%.”
Hoglund v. Aaskov Plumbing & Heating, 2006 ME 42 (Me. 2006). “At the conclusion of the mediation, the mediator is required to file a written report to the Board, containing certain information: [T]he mediator shall file a written report with the board stating the information required by section 305, 2nd paragraph and the legal issues in…”
DeRice v. S.D. Warren Co., 1997 ME 84 (Me. 1997). “39-A M.R.S.A § 313 (Supp.1996). [¶4] Applying former section 110, the Board concluded that because mediation replaced the former informal conference, and because the employers were represented by counsel at the mediations, the employers are required to pay fees for the period…”
Com. Union Ins. Co. v. Maine Employers Mut. Ins. Co. (Me. Super. Ct 2001). “The first of these is 39-A M.R.S.A. § 313 (2000). It provides for mediation of disputes among employee, employer, and insurer with the objective of reaching agreement among them.”
— Me. Rev. Stat. tit. 39-A, § 313(3) — 2 cases
Bureau v. Staffing Network, Inc., 678 A.2d 583 (Me. 1996). “” 39-A M.R.S.A. § 313(3) (Supp.1995). The legislative history suggests that the Legislature intended mediation to replace litigation whenever possible.”
Hoglund v. Aaskov Plumbing & Heating, 2006 ME 42 (Me. 2006). “At the conclusion of the mediation, the mediator is required to file a written report to the Board, containing certain information: [T]he mediator shall file a written report with the board stating the information required by section 305, 2nd paragraph and the legal issues in…”
— Me. Rev. Stat. tit. 39-A, § 313(4) — 2 cases
Guar. Fund Mgmt. Servs. v. Workers' Comp. Bd., 678 A.2d 578 (Me. 1996). “, 39-A M.R.S.A. §§ 313(4), (5), 353, 359(2).”
Feiereisen v. Newpage Corp., 2010 ME 98 (Me. 2010). “The mandate to participate does not, however, transform Feiereisen's attendance at mediation into an obligation that is reciprocal to any employer action or obligation. Feiereisen's travel that day served only his own purpose: to proceed *674 with his claim for benefits by…”
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