This project is implemented by CMS under the guidance and supervision of the Court Alternative Dispute Resolution Service of the Office of Court ADR ("CADRES") and the Lewiston District Court.

In an effort to relieve the congestion of the Maine District Court in Lewiston, and increase the number of cases that reach disposition during a Protection from Harassment court session, CMS has teamed with the Court and CADRES to provide an opportunity for persons involved in Protection from Harassment ("PH") cases to work out their disputes through use of a mediator before going to a hearing. CMS provides a mediator from its staff to perform "on the spot" mediation services to willing parties in PH cases.

The presiding Judge asks the plaintiff in each appropriate case whether he or she is willing to try to resolve the case through mediation before proceeding to a hearing. If the plaintiff is willing, the defendant is asked if he or she will also agree to try mediation. If both parties agree to try mediation, the mediator invites them to an adjoining conference room to begin the session.

The mediator begins the session with an introduction to the mediation process; informing the participants that the meeting is voluntary, private and informal, and that they, not the mediator, make decisions leading to the resolution of the case, if any. The mediator sets groundrules for the session, including speaking and listening respectfully, one person at a time. The mediator reserves the right to terminate the meeting at any time, or caucus separately with the parties. If present, lawyers for one or both parties participate as fully in the process as their clients wish. The mediator respects the lawyer's duty to advocate zealously for his or her client, within the established groundrules.

After any questions have been answered, the mediator asks the plaintiff why the PH is being sought. After the plaintiff explains his or her version of the events leading up to the filing of the PH, the defendant has a chance to explain things from his or her point of view. Afterward, the mediator asks the plaintiff to state the remedy being sought, and helps the parties brainstorm a solution that is suitable to both parties.

If the parties reach agreement, the mediator fills out the order, incorporating any special provisions agreed to by the parties. All parties sign a document indicating their assent to the terms agreed to. The case file is then returned to the court officer for final disposition by the Judge.

If the parties cannot reach agreement, the file is returned to the court officer for replacement on the docket, and presumably continues to trial.

All parties are given evaluation forms, to help gather information regarding the participants' thoughts and feelings about the mediation process, and possible suggestions for improvement.

This program is made possible by a grant from the Lewis J. Fisher Foundation.

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