Small Claims Mediation in Maine: An Empirical Assessment *

Abstract

A mediation program which began in the fall of 1977 in several small claims courts in Maine provides an opportunity to examine in depth the nature and consequences of mediation, especially as it compares to adjudication. This chapter provides report of a social scientific research project that have undertaken to gather data on mediation programs and to address the range of issues raised by Maine's adoption of mediation as an alternative to small claims court. The small claims court in Maine has jurisdiction over civil disputes involving $800 or less. The district court hears the cases, using a "simple, speedy and informal court procedure." The chapter examines separately assessments of fairness by plaintiffs and defendants in both mediation and adjudication for various settlement levels. The decision to go to mediation is an important one. It tells something about how disputants perceive the disputing process and ultimately affects the comparability of mediation and non-mediation groups in empirical research.

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