http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/what-if-maine-law-is-violated.html This office cannot possibly prosecute all violations of Maine law. As a matter of policy, we must confine our activities to those cases where large numbers of consumers are being harmed by fraudulent or deceptive practices. If your complaint is one of several similar complaints against a company and Maine law is being violated, we may decide to file suit against the company. In that situation, your complaint will be part of the State's case against the company. If we sue, we will not be acting as your private attorney but instead we will be acting on behalf of all Maine consumers. The relief we ask that court to grant, however, may include a request that you get your money back or the product you purchased, replaced or repaired. Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/do-i-have-to-have-mediation.html Mediation is a voluntary process; the parties must agree in writing that their dispute will be conducted under the applicable mediation rules of the AAA. This may be accomplished in a number of ways. Maine Alternative Dispute Resolution FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/does-mediation-work.html We cannot guarantee mediation will work or that you will receive everything you want. But we do believe mediation often works, and works well. If our mediation efforts do not work, we will advise you on what other options you might have. Maine Alternative Dispute Resolution FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/how-do-i-start-the-mediation-process.html To start the mediation process, fill out a Consumer Complaint Petition, available from the Consumer Protection Division. Fill out the form completely and legibly. Attach to your complaint copies of all relevant documents such as sales receipts, disclosure statements, warranties, cancelled checks, correspondence, etc. Also, indicate attempts you have made to settle the problem yourself. Oftentimes problems are the result of simple mistakes or innocent misunderstandings. We urge you to first discuss your problem with the business yourself. If this attempt at resolution fails, then it's time to try mediation. Maine Alternative Dispute Resolution FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/how-does-consumer-mediation-service-work.html Your complaint is reviewed to determine if it can be mediated. If it appears that it can be, a copy of your written complaint is then forwarded to the business for its response. At the same time, we notify you by letter to let you know we have started the mediation process. One of our volunteer mediators (not a State employee) is then assigned to your case. We use additional letters or phone calls to determine the facts. Our mediator tries to bring you and the business closer to agreement. Of course, in order to reach a satisfactory settlement, we need the voluntary participation of the business. Maine Alternative Dispute Resolution FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/how-is-a-mediator-chosen.html Upon receipt of the Request for Mediation or the Submission to Dispute Resolution, the AAA will appoint a qualified mediator to serve on the case. The parties will be provided with a biographical sketch of the mediator. The parties are instructed to review the sketch closely and advise the Association of any objections they may have to the appointment. Since it is essential that the parties have complete confidence in the mediator`s ability to be fair and impartial, the Association will replace any mediator not acceptable to the parties. Maine Alternative Dispute Resolution FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/how-long-does-it-take.html An average complaint takes five to six weeks to work its way through the system. Some will take longer. Please be patient! The mediator assigned to your case is a volunteer not a state employee. While they are very faithful and hardworking, they might not always be in the office when a business calls. Or the mediation might prove to be a very difficult one and take additional time. Maine Alternative Dispute Resolution FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/new-information-settlement-etc.html If you receive any additional information after sending in your complaint that we should know about, please send it to us in writing. Likewise, should you settle the complaint on your own, please let us know so that we can close our file. Maine Alternative Dispute Resolution FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/what-complaints-are-not-mediated.html We do not mediate disputes between private parties (i.e., where neither party is a business), business versus business disputes, disputes outside of our jurisdiction (e.g., where another agency is responsible such as the Public Utilities Commission, Bureau of Banking), disputes in which the consumer would be best served by contacting a private attorney or disputes where suit has already been filed by one of the parties. Maine Alternative Dispute Resolution FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/what-do-i-bring-to-the-mediation-conference.html The parties should come to the mediation conference prepared with all of the evidence and documentation they feel will be necessary to discuss their respective cases. Parties are, of course, entitled to representation by counsel. Maine Alternative Dispute Resolution FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/what-happens-if-we-reach-an-agreement.html When the parties reach an agreement, they should reduce the terms to writing and exchange releases. They may also request that the agreement be put in the form of a consent award, for which the AAA will make the arrangements. Maine Alternative Dispute Resolution FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/what-if-mediation-doesnt-work.html If our attempts at mediating your complaint have been unsuccessful and there is nothing more we can do, there are still several things you can do for yourself. For example, you could try negotiating through an industry trade association to solve your problem, or you could sue the business in Small Claims Court (where you don't need a lawyer and your claim is $4,500 or less) or you could hire a private attorney. Maine law often allows you to recover your lawyer's fees if you are successful in proving that a business violated consumer laws in dealing with you. We will advise you at the appropriate time of all these options if your attempts at mediation have not proven successful. Maine Alternative Dispute Resolution FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/what-is-complaint-mediation.html Complaint mediation is a way to settle disputes where the two parties to the dispute work through a third person to solve their problem. It is a simple and informal process. The third person, or "mediator", helps the disputing parties understand each other's position and to reach a mutually acceptable agreement. Mediation is a proven method of quickly settling problems. Maine Alternative Dispute Resolution FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Alternative-Dispute-Resolution/Maine/what-is-the-first-step-in-arbitration.html The most important step in initiating arbitration is the agreement to arbitrate. This agreement can be of one of two kinds: it can take the form of a future­dispute arbitration clause in a contract or, where the parties did not provide in advance for arbitration, it can take the form of a submission of an existing dispute to arbitration. The AAA will, without charge, attempt to get all parties to agree to arbitration of such a dispute. Maine Alternative Dispute Resolution FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Arbitration-ADR/Maine/index.html Free Arbitration FAQs Alternative Dispute Resolution Sub-categories Sun, 29 Nov 2009 03:08:52 GMT http://resources.lawinfo.com/en/Legal-FAQs/Mediation-Alternative-Dispute-Resolution/Maine/index.html Free Mediation FAQs Alternative Dispute Resolution Sub-categories Sun, 29 Nov 2009 03:08:52 GMT