Free FM-108, Important Notice About Mediation, Rev. 01/05 (replaces CV-108). - Maine

IMPORTANT NOTICE ABOUT MEDIATION As set forth in the accompanying Scheduling Notice, you are scheduled to engage in mediation on the date shown. Each party is expected to be present with or without an attorney and to make a good faith effort to mediate all disputed issues. Prior to that date, each party is encouraged to talk with an attorney about what information is needed at mediation and each party's legal rights. A copy of the publication "Mediation of Family Matters" is enclosed. If you are legal counsel in this action, please mail this Notice and brochure to your client in order to help prepare your client for mediation and to maximize its success. **IMPORTANT** 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 ANY PART OF THE ACTION, MAY ASSESS ATTORNEY'S FEES AND COSTS OR MAY IMPOSE ANY OTHER SANCTION THAT IS APPROPRIATE IN THE CIRCUMSTANCES. THE COURT MAY ALSO IMPOSE SANCTIONS UPON A PARTY FOR FAILURE WITHOUT GOOD CAUSE TO APPEAR FOR MEDIATION AFTER RECEIVING NOTICE OF THE SCHEDULED TIME FOR MEDIATION, OR FOR FAILING TO PAY THE MEDIATION FEE OR OBTAIN A FEE WAIVER IN A TIMELY FASHION. Mediation Fee Payment of the mediation fee (generally shared equally by the parties) entitles the parties to two mediation sessions at any time prior to judgment or final order. Once the parties have engaged in two mediation sessions, further mediation will require payment of an additional fee. Payment of the fee is also required for mediation of post-judgment matters, except for motions solely to enforce child support orders. Rescheduling If either party cannot attend a scheduled mediation, a written motion to continue must be filed with the Clerk of Court within one week of the date of the Case Management Order or Notice of Mediation. Cancellation Policy If both parties agree to cancel a scheduled mediation session, notice must be given to the Clerk of Court at least 48 hours prior to mediation. If you do not cancel your mediation session, and you do not appear for it, you will be required to pay an additional fee to reschedule the mediation. Child Support Documents If the parties have not already done so for a case management conference, prior to mediation the parties are required to exchange completed Child Support Affidavits and Child Support Worksheets. A Financial Statement may also be required. The forms are available from the Clerk of Court.
FM-108, Rev. 01/05