CADRES Mediation for Maine Custody Disputes

If you have a contested custody dispute in Maine, you cannot skip mediation. Under Maine Rule of Civil Procedure 92(b), all cases involving unresolved parental rights issues must go through the court's Alternative Dispute Resolution program — known as CADRES (Court Alternative Dispute Resolution Service) — before a judge will schedule a trial.

This isn't optional. It's a mandatory step in the process, and understanding how it works helps you prepare for what is often the most important negotiation session in your case.

How CADRES Mediation Works

After your Case Management Conference, the Family Law Magistrate refers your case to CADRES mediation if any custody or parenting-time issues remain unresolved. The court assigns a trained mediator who facilitates discussion between both parents (and their attorneys, if represented).

The mediator doesn't make decisions or take sides. Their role is to help you and your co-parent find middle ground on parenting schedules, decision-making authority, holiday rotations, and other disputed issues.

Sessions typically last 2-3 hours. The mediator may schedule follow-up sessions if progress is being made but issues remain.

What It Costs

CADRES mediation costs $160 total — $80 per parent. The fee is paid to the court. If you've received a fee waiver for your filing costs (through Form CV-067), the mediation fee is typically waived as well.

Private mediators are also an option but cost significantly more — typically $200-$300 per hour, often split between the parents.

When Mediation Is Waived

The court can exempt a case from mandatory mediation in limited circumstances:

• Domestic violence: If there's an active Protection from Abuse order or documented history of abuse, the court may waive mediation or arrange shuttle mediation (parents in separate rooms)
• Prior mediation: If the parents already mediated the same issues through a private mediator
• Extraordinary cause: The court has discretion to waive mediation in unusual circumstances, but this is rare

How to Prepare

Walk into mediation with a concrete proposal, not a list of demands. The more specific your plan, the more productive the session:

• Draft a proposed parenting schedule before the session. Know exactly which days and times you're requesting and why.
• Bring your child support calculations. Having the FM-040 worksheet completed shows you've done the math and sets a factual baseline for discussion.
• Identify your non-negotiables vs. your flexibility points. Know which issues you can compromise on and which ones you can't. Most successful mediations involve both parents giving ground somewhere.
• Keep the child's perspective central. Mediators respond well to proposals framed around the child's needs (school schedule, activity logistics, attachment patterns) rather than parental preferences.

What Happens If Mediation Fails

If you can't reach agreement, the mediator reports the impasse to the court (without sharing the details of what was discussed — mediation communications are confidential). The court then schedules a pre-trial conference followed by a formal trial before a District Court Judge, where both parents present evidence, call witnesses, and the judge makes binding decisions on all unresolved issues.

Cases that settle in mediation avoid the cost, stress, and unpredictability of trial. Statistically, mediated agreements also tend to hold up better over time because both parents had input.

The Maine Child Custody & Parenting Plan Guide includes a CADRES mediation prep worksheet that helps you organize your proposal, anticipate your co-parent's likely positions, and identify your real priorities before the session.

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