§ 4 §18-B — Court Alternative Dispute Resolution Service

1.
Court Alternative Dispute Resolution Service.
There is established within the Administrative Office of the Courts a Court Alternative Dispute Resolution Service to provide alternative dispute resolution, referred to in this section as "ADR," services in the courts throughout the State.
2.
ADR providers.
The Judicial Department, through the State Court Administrator or the administrator's designee, shall contract for the services of qualified persons or organizations to serve as providers of ADR services to parties. The ADR providers are not employees of the State for any purpose. The ADR providers are entitled to be paid a reasonable per diem fee plus reimbursement of their actual, necessary and reasonable expenses incurred in the performance of their duties, consistent with policies established by the Administrative Office of the Courts.
3.
Immunity from civil liability.
A person serving as an ADR provider under contract with the Judicial Department or as the Director of the Court Alternative Dispute Resolution Service is immune from any civil liability, as are employees of governmental entities, under the Maine Tort Claims Act, for acts performed within the scope of the provider's or the director's duties.
4.
Staff.
With the advice and approval of the Court Alternative Dispute Resolution Service Committee, the State Court Administrator shall employ or contract with a person to serve as the Director of the Court Alternative Dispute Resolution Service. The State Court Administrator shall provide other necessary staff and clerical assistance to the Court Alternative Dispute Resolution Service, within the limits of funds available.
5.
Facilities.
The State Court Administrator shall provide a principal office for the Court Alternative Dispute Resolution Service and shall arrange for facilities throughout the State as necessary and adequate for the conduct of ADR sessions, within the limits of funds available.
6.
Court Alternative Dispute Resolution Service Committee.
The Court Alternative Dispute Resolution Service Committee, or "committee," is established to set policy for and monitor the Court Alternative Dispute Resolution Service. The committee consists of:
7.
Authority and fees.
The Judicial Department is authorized to refer cases to the Court Alternative Dispute Resolution Service for mediation and, when a court refers case types or individual cases to the Court Alternative Dispute Resolution Service for mediation, the court shall assess the parties a fee to be apportioned equally among the parties, unless the court otherwise directs. The fee must be deposited in the dedicated account created in subsection 8.
8.
Court Alternative Dispute Resolution Service Fund.
The Court Alternative Dispute Resolution Service Fund is established as a nonlapsing, dedicated fund within the Administrative Office of the Courts. Fees collected for ADR services provided pursuant to this section must be deposited in the fund.
9.
Rules.
The Supreme Judicial Court shall adopt rules to govern the referral of cases to the Court Alternative Dispute Resolution Service.
10.
Land use mediation.
The land use mediation program is a program within the Court Alternative Dispute Resolution Service.
11.
Mediation of disputes involving natural gas pipelines.
The natural gas pipeline dispute resolution program is a program within the Court Alternative Dispute Resolution Service.
12.
Mediation involving mortgage foreclosures on owner-occupied residential property.
The foreclosure mediation program is a program within the Supreme Judicial Court to provide mediation in the courts throughout the State pursuant to Title 14, section 6321‑A.

Legislative History

PL 1995, c. 560, §I3 (NEW). PL 1997, c. 393, §A5 (AMD). PL 1997, c. 643, §EE1 (AMD). PL 1999, c. 346, §1 (AMD). PL 2001, c. 184, §2 (AMD). PL 2009, c. 402, §1 (AMD). PL 2021, c. 245, Pt. G, §1 (AMD). PL 2021, c. 329, §2 (AMD). PL 2021, c. 676, Pt. A, §1 (AMD).