Divorce Mediation
Updated May 2026
By Joy Crafts McNaughton, J.D.
Joy Crafts McNaughton provides private divorce mediation throughout Maine and southern New Hampshire. Contact Joy at (207) 712-8995 to schedule a session.
Maine Title 19-A §251 requires mediation in contested divorce cases before a contested hearing can be scheduled.
Maine's 60-day waiting period (§902) applies to all divorces — mediation can occur during this period.
A Memorandum of Understanding (MOU) documents all agreements reached in mediation and is submitted to the court for approval.
Private divorce mediation typically costs a fraction of contested divorce litigation.
Joy McNaughton is a rostered Maine CADRES family mediator with 200+ court-connected mediations.
Divorce mediation is a voluntary, confidential process in which a neutral third party — the mediator — helps divorcing spouses reach agreements on the contested issues in their divorce. The mediator does not decide the case. The mediator facilitates communication, helps the parties identify their interests and priorities, and assists them in reaching a mutually acceptable resolution.
In Maine, divorce mediation is governed by Maine Title 19-A §251, which requires mediation in contested divorce cases before the court will schedule a contested hearing. Parties may also agree to private mediation voluntarily at any stage of the divorce process — before filing, after filing, or even after a contested hearing.
Maine Title 19-A §251 requires mediation in contested divorce cases before the court will schedule a contested hearing on any issue.
Maine Title 19-A §902 requires a 60-day waiting period after service of the divorce complaint. Mediation can occur during this period.
Maine Title 19-A §953 governs parental rights and responsibilities. Mediation is required before a contested parental rights hearing.
Maine courts require parties to participate in mediation in good faith. Failure to participate in good faith may result in sanctions.
Maine Title 19-A §251(2): "In any proceeding in which there are contested issues, the court shall order the parties to participate in mediation before scheduling a contested hearing."
When the parties reach an agreement in divorce mediation, the mediator prepares a Memorandum of Understanding (MOU) that documents the terms of the agreement. The MOU is signed by both parties and submitted to the court for approval. Once approved by the court, the MOU becomes a binding court order.
Property division, spousal support, parental rights and responsibilities, child support, and marital debt allocation.
Both parties sign the MOU at the conclusion of mediation. The MOU is then reviewed by each party's attorney (if represented).
The MOU is submitted to the court as a proposed divorce judgment. The court reviews the MOU and approves it if it is fair and in the children's best interests.
Once approved, the MOU becomes a binding court order. Post-judgment modifications require a showing of substantial change in circumstances.
Court-ordered CADRES mediations are conducted at a reduced rate set by the court. CADRES mediation is available for court-ordered cases only.
Joy McNaughton charges an hourly rate for private mediation. Most divorces resolve in 2–4 sessions. Total cost is typically $1,500–$5,000.
Contested divorce litigation in Maine typically costs $15,000–$50,000+ in attorney fees. Private mediation is typically a fraction of this cost.
| Aspect | Private Mediation | Contested Litigation |
|---|---|---|
| Privacy | Fully confidential — no public record | Public court proceedings and records |
| Schedule | Parties choose the date and time | Court-assigned dates, often months away |
| Cost | Typically $1,500–$5,000 total | $15,000–$50,000+ in attorney fees |
| Duration | Most cases resolve in 2–4 sessions | 12–24 months to final judgment |
| Control | Parties control the outcome | Judge decides the outcome |
| Children | Child-centered, cooperative parenting plans | Adversarial process harms co-parenting |
| Flexibility | Creative, customized solutions possible | Limited to remedies available under law |
| Finality | MOU submitted to court for approval | Court judgment after contested hearing |
Maine Title 19-A §251 requires mediation in contested divorce cases before the court will schedule a contested hearing. Parties may also agree to private mediation voluntarily at any stage of the divorce process.
Maine Title 19-A §902 requires a 60-day waiting period after service of the divorce complaint before a divorce can be finalized. Mediation can occur at any time during this waiting period.
A Memorandum of Understanding (MOU) is a written document that records the agreements reached in mediation. The MOU is signed by both parties and submitted to the court for approval. Once approved by the court, the MOU becomes a binding court order.
Divorce mediation can resolve all contested issues in a divorce, including property division, spousal support (alimony), parental rights and responsibilities, child support, and the allocation of marital debt.
No. Joy McNaughton operates as a pure neutral in every mediation session. She does not represent either party, does not advocate for either side, and does not provide legal advice during mediation. Parties are encouraged to consult with their own attorneys before and after mediation sessions.
Joy McNaughton charges an hourly rate for private mediation sessions. Most divorce mediations are resolved in two to four sessions. The total cost of private divorce mediation is typically a fraction of the cost of contested divorce litigation. Contact Joy directly at (207) 712-8995 for current rates.
If mediation does not result in an agreement, the parties are free to continue litigation. Nothing said or offered during mediation is admissible in court. The mediation process is entirely confidential under Maine's mediation confidentiality statute.
Yes. Private mediation can occur at any stage of the divorce process — before filing, after filing, or even after a contested hearing. Many couples use mediation to resolve issues that arise after a divorce judgment, such as post-judgment modifications.
Joy McNaughton conducts in-person mediation sessions at her office at 24 Foye Road, Wiscasset, ME 04578. Remote sessions are available by Zoom throughout Maine and southern New Hampshire.
Contact Joy McNaughton directly at (207) 712-8995 or joycraftsmcnaughton@gmail.com to discuss your matter and schedule a private mediation session.
JM
Licensed Maine attorney and rostered Maine CADRES family mediator. Provides private divorce mediation throughout Maine and southern New Hampshire. Contact: (207) 712-8995
Joy McNaughton provides private divorce mediation throughout Maine and southern New Hampshire. In-person in Wiscasset, ME. Remote via Zoom statewide.