Choosing the wrong mediator wastes time, money, and the one chance both parties have to resolve their dispute without a trial.
Joy Crafts McNaughton, J.D., a licensed Maine attorney with 137+ hours of mediation training and 200+ completed family mediations, recommends asking these seven questions before hiring any private mediator in Maine.
Key Takeaways:
- A qualified Maine mediator should hold at least 40 hours of mediation process training and be on the active CADRES roster — McNaughton holds 137+ hours and has been rostered since 2020 for family mediations (District Court and small claims since 2016).
- Ask whether the mediator uses a facilitative or evaluative style — the right approach depends on whether the parties need a guide or a reality check.
- Confirm the mediator offers Zoom sessions if scheduling or geography is a constraint — McNaughton serves all 16 Maine counties remotely.
- Clarify the MOU-to-Settlement Agreement process before the first session — the mediator produces the MOU, but attorneys draft the formal Settlement Agreement that the court adopts.
Looking for a private mediator in Maine who checks every box on this list? Call Joy McNaughton, J.D., at (207) 712-8995 or visit her credentials page.
1. What Credentials and Training Should a Maine Mediator Have?
A qualified private mediator in Maine should hold formal mediation process training, active bar membership or equivalent professional credentials, and documented continuing education.
The Maine Judicial Branch requires a minimum of 40 hours of mediation training and experience for family matters CADRES roster eligibility, with at least 8 hours completed in the preceding two years.
McNaughton exceeds that threshold by a wide margin. Her 137+ hours of training span basic mediation (University of Southern Maine, 2013), advanced family mediation (Volunteers of America Northern New England), elder mediation (Elder Decisions), trauma-informed mediation, divorce financial planning, retirement asset mediation, and personal injury mediation — all through nationally recognized providers including Mosten Guthrie, CADRES, and MCLE.
Ask any mediator you are considering to provide a specific list of training programs.
2. Is the Mediator on a Maine Court Roster?
CADRES roster status confirms that a mediator has met the Maine Judicial Branch’s minimum training, experience, and continuing education standards. Rostered mediators have signed the Code of Conduct for ADR Neutrals and agreed to the CADRES Policy and Procedure Manual.
McNaughton has been a rostered Maine CADRES family mediator since fall 2020 and has conducted 200+ court-connected family mediations through the program between 2021 and 2024.
Roster status matters because it signals that the mediator is accountable to the Judicial Branch’s ethical and procedural standards — not just self-credentialed.
A mediator who is not on any court roster can still be competent, but the absence of roster status removes a layer of institutional oversight that protects both parties.
3. Does the Mediator Have Experience in Your Type of Case?
Mediation skills are transferable across case types, but the depth of subject matter affects the quality of the conversation. A mediator who has never handled a gray divorce involving pension division and Social Security timing will miss issues that a mediator with training in elder and retirement assets will catch before they become problems.
McNaughton’s practice covers divorce, family, elder, and personal injury mediation, as well as workers’ compensation disputes.
Her litigation career — 15 jury trials, 500+ contested workers’ compensation hearings, and 34 years of active practice across personal injury, insurance defense, and family law — gives her firsthand experience with the case types she mediates.
Ask the mediator how many cases similar to yours they have mediated in the past two years, and whether their training includes the specific subject matter of your dispute.
4. What Mediation Style Does the Mediator Use — Facilitative or Evaluative?
Facilitative mediators guide the conversation, help both parties identify their interests, and enable them to generate their own solutions. Evaluative mediators offer opinions on the likely outcome if the case went to trial, point out weaknesses in each side’s position, and push toward settlement based on realistic assessments.
McNaughton uses both approaches depending on the case. For family disputes where preserving the relationship matters — such as custody, elder care, or sibling caregiving disagreements — she leads with a facilitative approach.
For personal injury and workers’ compensation disputes where both parties need a reality check on settlement value, her 500+ hearing background allows her to provide evaluative insight grounded in decades of Maine hearing outcomes (and only if the parties ask for evaluative insight).
Ask the mediator to describe their default approach and whether they adjust their style based on the dispute. A mediator who uses only one style regardless of context may not serve every case well.
5. Does the Mediator Offer Zoom Sessions or In-Person Only?
Geography and scheduling flexibility matter in Maine, where parties may live hours apart or in different states entirely. A mediator who meets only in person at a single office location limits participation — especially for dispersed families or out-of-state siblings involved in elder care disputes.
McNaughton offers remote Zoom sessions statewide and in-person meetings at her office at 24 Foye Road in Wiscasset, Maine.
Zoom sessions carry the same confidentiality protections as in-person mediation and allow parties in Portland, Bangor, Caribou, or out of state to participate without travel.
Ask the mediator whether they have the technology infrastructure for secure video mediation and experience managing multi-party sessions remotely.
Still comparing mediators? Joy McNaughton, J.D., has the training, roster status, and litigation depth to handle your case. Call (207) 712-8995 to schedule a consultation.
6. How Does the Mediator Structure Fees?
Private mediators in Maine set their own rates, and fee structures vary. McNaughton charges an hourly rate, and both parties typically split the cost.
Most divorce mediations resolve in two to four sessions, keeping total costs between $1,500 and $5,000 — a fraction of the $10,000 to $30,000 that contested litigation costs in Maine.
Court-sponsored CADRES mediation costs $80 per party ($160 total) for two sessions, but parties do not choose their mediator, and scheduling depends on court availability. Private mediation costs more per session but gives both parties control over mediator selection, scheduling, and session length.
Ask the mediator for their hourly rate, whether they require a retainer, how they handle cancellations, and whether the fee covers the preparation of the Memorandum of Understanding or only the session time.
7. How Does the Mediator Handle the MOU Process?
The Memorandum of Understanding is the written document that captures everything the parties agreed to during mediation. McNaughton prepares the MOU at the conclusion of successful mediation sessions, and both parties sign the document.
The MOU is not the final legal document. As of May 2026, Maine courts will not accept an MOU as a proposed judgment in a divorce.
One or both of the parties’ attorneys must use the MOU as the basis for drafting a comprehensive Settlement Agreement — the formal document the court reviews and adopts into the final decree. McNaughton requires that one party’s lawyer draft the settlement agreement. She encourages –and often requires both parties to have at least consulting attorneys available from the start of the mediation process.
Ask the mediator whether they draft the MOU, how quickly they deliver the document after the final session, and whether they explain the distinction between the MOU and the Settlement Agreement before mediation begins.
McNaughton strongly encourages (and often requires) that each party have counsel in place prior to mediation (either as a retained attorney or consulting attorney). She cannot and does not provide legal advice. Judicious use of counsel protects against surprises later on. Though participants often want to economize with no legal counsel, unless they have the footwork in place, the results can be concerning.
Frequently Asked Questions
How do I find a private mediator in Maine?
The Maine Association of Mediators maintains a roster searchable by geographic area and practice specialty. The Maine Judicial Branch publishes CADRES roster directories for mediation in family, civil, and superior courts. Attorneys and courts can also provide referrals to private mediators with specific subject-matter experience.
Is a private mediator better than a court-assigned mediator in Maine?
Private mediators allow both parties to select the neutral, control the schedule, and choose a mediator with specific experience in the case type. Court-assigned CADRES mediators are qualified professionals who are assigned rather than chosen, and scheduling depends on court availability rather than the parties’ timeline. Depending on the court backlog, some parties may well find Court assigned CADRES mediators better suit their goals.
How many hours of training should a Maine mediator have?
The Maine Judicial Branch requires a minimum of 40 hours of mediation training and experience to be eligible for the CADRES family roster. Many of the CADRES mediators have substantial training beyond this minimum.
What is the difference between facilitative and evaluative mediation?
Facilitative mediation guides the conversation and lets the parties generate their own solutions without the mediator offering opinions on likely outcomes. Evaluative mediation includes the mediator’s assessment of each party’s position and the probable result if the case went to court.
Can a mediator provide legal advice during mediation in Maine?
A mediator in Maine does not provide legal advice to either party, even if the mediator is a licensed attorney. The mediator remains neutral and encourages both parties to consult with their own attorneys for legal guidance before signing any agreement.
How much does private mediation cost in Maine?
Private mediation in Maine typically costs $1,500 to $5,000 total for divorce and family disputes, with most cases resolving in two to four sessions. The mediator charges an hourly rate, and both parties split the cost. Court-sponsored CADRES mediation costs $80 per party for two sessions.
What should I bring to a mediation session?
Parties should bring financial documents, including tax returns, pay stubs, bank statements, and retirement account statements. For divorce cases, a proposed parenting plan and a list of marital assets and debts are essential. For personal injury disputes, medical records and documentation of lost wages strengthen the discussion.
How long does private mediation take in Maine?
Private mediation in Maine typically resolves in two to four sessions spanning two to six weeks, depending on the complexity of the dispute. Each session runs one to three hours. Private mediation compresses the timeline compared to court-assigned mediation, where scheduling depends on the court calendar.
Joy McNaughton, J.D., answers every question on this list with 137+ hours of training, CADRES roster status, and 200+ mediations completed. Call (207) 712-8995 to get started.