Maine Divorce Mediation
Issues discussed during Maine Divorce Mediation
Phobia of partner in Maine Divorce Mediation
It often happens that one of the partners is afraid of the other partner with respect to self or children. The Court regards this as an "extraordinary cause" and might waive mediation. For this, the partner who has a phobia has to request the Court in writing regarding omitting mediation. This step is referred to as a Motion. This partner has to write an affidavit on another page on which it is explained why the person is afraid of the other partner. The affidavit must be signed by the scared partner in front of a notary public under oath. The motion as well as the affidavit must be filed with the Court clerk. This clerk then forwards the two documents to the Judge who determines whether the mediation has to be cancelled.
In some courts, instead of a formal motion, the scared partner may submit a letter and append a copy of the Protection from Abuse Order.
Alternatively, when the scared partner meets the Judge, the scared partner may request the Judge to not claim mediation.
In spite of the above, if the scared partner is required to attend mediation and is still frightened, this partner can ask the mediator to converse regarding the dispute in private. In such circumstances, the mediator can permit the partners to wait in separate rooms. If somebody is threatened, the mediator can terminate mediation. In extreme circumstances, the mediator can conclude that the mediation would not work.
Financial aspects of Mediation
In case of Court sponsored mediation, the fee for this process in the year 2009 is 120 USD. This is equally separated amongst the parties, excluding when the Court issues other orders. The Clerk of the Court collects these fees prior to mediation.
Maine Divorce Law regarding Mediation
Maine Divorce Law has a unique characteristic that all divorcing couples who cannot reach a settlement regarding all issues in dispute have to compulsorily take part in mediation. This mediation is an informal process. The two parties, a mediator and the lawyers of the two parties assemble privately in a room. There are no customary Court rules pertaining to Courtroom procedure and proofs. The mediators are trained in the art of mediation and are hired by the Courts. Any mediator, irrespective of the fact whether he or she has any legal background, is not supposed to offer legal advice to any party in this process. The mediator is not a substitute for the judge and it is not expected that this mediator should make any report to the judge.
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