Reviewed August 2026
Mediation in Maine
Maine requires mediation before a contested divorce or parental rights hearing in cases involving minor children. That makes it one of the more clearly mandatory mediation states. Under Title 19-A, Section 251, the court shall refer the parties to mediation before a contested hearing. This applies under the chapters covering divorce, parental rights, protection from abuse, and related matters, whenever the parties have minor children together. This is not optional the way it is in many states. But it isn't absolute either. A party can move, supported by an affidavit, to waive the mediation requirement for extraordinary cause. The court can also waive mediation where there are no disputed facts and every remaining issue is a pure question of law. Maine also enforces a good faith participation standard. If the parties don't reach agreement, the court has to determine that both sides genuinely tried to mediate before the case can move to a contested hearing.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how mediation works under Maine law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Maine paperwork. See how Virdix works for California divorces.
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When mediation is required
Title 19-A, Section 251(2) requires the court to refer the parties to mediation before a contested hearing. This applies under chapter 27, chapter 29, chapter 55, chapter 61, or chapter 63 of Title 19-A. It kicks in whenever there are minor children of the parties, unless a waiver applies. Separately, subsection 1 gives the court broad authority to refer parties to mediation on any issue. This applies in any case under Title 19-A, at any time, even outside the mandatory-referral situations.
Waiving mediation or getting relief first
Section 251(2)(A) allows the court, for good cause shown, to hear motions for temporary relief before referring the parties to mediation. This applies to an issue or combination of issues where good cause for temporary relief has been shown. So a party doesn't necessarily have to wait through mediation before getting urgent, temporary court orders on pressing issues. Section 251(2)(B) works differently. It lets a party move, supported by an affidavit, to waive the mediation requirement entirely for extraordinary cause shown. That's a higher bar than simply preferring not to mediate. The statute treats it as an exception, not an easy opt-out. Section 251(6) provides a further waiver ground. It lets the court waive mediation where there are no facts at issue and all unresolved issues are questions of law. Mediation is less useful when the dispute is purely legal rather than factual.
Good faith participation and sanctions
Under Section 251(4), the court must determine that both parties made a good faith effort to mediate when they don't reach agreement on an issue. This happens before the case moves to a contested hearing. If the court finds either party failed to make a good faith effort, it can order them back into mediation. It can also dismiss the action or part of it, render a decision or default judgment, assess attorney's fees and costs, or impose another appropriate sanction. Section 251(5) similarly allows sanctions for failing, without good cause, to appear for a scheduled mediation session after receiving notice.
Court mediation fees
Standard court-sponsored family mediation in Maine typically costs a set fee per person, for a limited number of sessions. A fee waiver may be approved for parties who can't afford it. Parties generally need to exchange required financial disclosures, like a Financial Statement and Child Support Affidavit, before the mediation session happens. Check with the Maine Judicial Branch or the specific court handling your case for current fee amounts and how to request a waiver.
How a mediated agreement becomes a court order
Section 251(3) requires that any agreement reached through mediation be reduced to writing. It must be signed by the parties and presented to the court for approval as a court order. The agreement becomes enforceable once the court approves it. If the parties don't reach an agreement, and the court finds they made a good faith effort, the case proceeds to the contested hearing that mediation had postponed.
Sources: Maine Revised Statutes, Title 19-A, Section 251, Mediation (Maine Legislature)
Not independently confirmed
- Current court-sponsored mediation fee amount per session and fee waiver eligibility criteria
- Whether extraordinary cause under Section 251(2)(B) has been interpreted by Maine courts to automatically cover documented domestic violence, or whether it requires a case-specific showing
- Specific safety accommodations, such as separate rooms or remote participation, formally built into court mediation practice versus arranged case by case
Mediation in Maine: frequently asked questions
Is mediation required for divorce in Maine?+
Yes, in most cases involving minor children. Title 19-A, Section 251(2) requires the court to refer the parties to mediation before a contested hearing. This applies to divorce, parental rights, or related matters whenever the parties have minor children, unless a waiver applies.
Can I get out of mediation in Maine?+
You can move, supported by an affidavit, to waive the mediation requirement for extraordinary cause shown under Section 251(2)(B). The court can also waive mediation where there are no disputed facts and the remaining issues are purely questions of law, under Section 251(6).
What happens if I don't try in good faith during Maine mediation?+
The court must find that both parties made a good faith effort to mediate before moving to a contested hearing, under Section 251(4). If the court finds a party failed to do so, it can order more mediation, dismiss the action, or issue a default judgment. It can also assess attorney's fees or impose another appropriate sanction.
Can I get urgent temporary orders before Maine mediation happens?+
Yes. Section 251(2)(A) lets the court hear motions for temporary relief before referring the parties to mediation, for good cause shown on the specific issues needing urgent attention. So you don't necessarily have to wait through mediation first.
How much does court-sponsored mediation cost in Maine?+
Standard court-sponsored family mediation typically has a set per-person fee for a limited number of sessions, with a fee waiver available for parties who can't afford it. Confirm current amounts and the waiver process with the court handling your case.
Does my mediated agreement automatically become my Maine custody order?+
No. Section 251(3) requires the agreement to be reduced to writing and signed by the parties. It must then be presented to the court for approval as a court order, and it becomes enforceable once the court approves it.
This page is general information about mediation in Maine, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Maine's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Maine. Virdix does not prepare or file Maine divorce paperwork. It is not a substitute for an attorney licensed in Maine.
More Maine divorce guides
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