BATH – If you want to save time, money and the aggravation of winning your case only to not get paid, mediation is the way to go, says Diane Kenty, who heads the state’s Court Alternative Dispute Resolution Services, or CADRES.
Kenty says roughly 1,200 small claims cases come through her office each year. In about half those cases, the two parties are able to agree on who owes what, she says.
Often claims result from misunderstandings or changed circumstances. Having a third party referee the discussion leads to greater understanding of the underlying problem, she says. The types of cases seen most often in small claims court include: landlord/tenant disputes; car repairs and cases involving home contractors.
Sometimes it is important to put agreements in writing, thereby avoiding future misinterpretations, she says.
Mediation also can help to repair or preserve ongoing relationships among friends and relatives.
Claimants who have gone through mediation have a better chance of collecting their judgment because the defendant has agreed to the amount owed, she says.
Resolving a dispute outside of court saves both parties the time it takes to get a court hearing and it saves them the money it takes to file the necessary court papers and subpoena fees. More important to Kenty and the court system is the money it saves on scheduling a courtroom trial.
The courts pay trained mediators only $50 per case, no matter how long it takes to resolve, she says. By contrast, paying a judge and other court officers for their time would cost far more. Seventy certified mediators are currently registered with her office.
Maine’s court mediation system was first organized about 25 years ago in southern Maine. It is not available at every court in the state.
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