CADRES Mediation in Maine Small Claims Court — How It Works

What CADRES Is

CADRES stands for Court Alternative Dispute Resolution Service. It is Maine's court-administered mediation program, operated under M.R.S.C.P. Rule 5 and M.R. Civ. P. Rule 16B. In small claims cases, CADRES mediation is built into the process — the $70 filing fee includes a $15 mediation component.

On the scheduled hearing day, the presiding judge typically directs both parties to mediation before proceeding to trial. A trained mediator (not the judge) facilitates the discussion in a separate room.

How the Session Works

The mediator starts by explaining the ground rules. Both parties get to speak without interruption. The mediator then works through the issues, often shuttling between private sessions with each side ("caucuses") to explore settlement options.

The mediator does not decide who is right or wrong. Their role is to help both parties reach an agreement. They may ask pointed questions, reality-test each side's expectations, and propose creative solutions that a judge could not order.

Mediation is confidential. Under Maine law, nothing said during mediation can be used as evidence if the case proceeds to a hearing. You can be candid about your willingness to settle without worrying that the judge will hear your bottom number.

When an Agreement Is Reached

If both parties agree on terms, the mediator writes up the settlement agreement. Both sides sign it. The judge reviews and approves the agreement, which is then entered as a binding court order.

A CADRES settlement has the same legal force as a judgment. If the other side does not comply, you enforce it the same way — through the court, using disclosure hearings and writs of execution if necessary.

Why Mediation Is Worth Taking Seriously

Many litigants view mediation as a speed bump before the "real" hearing. That is a mistake. Mediation offers advantages the hearing does not:

• You control the terms. In a hearing, the judge decides. In mediation, both sides negotiate the outcome. You can agree to payment plans, partial settlements, or non-monetary terms (like returning property) that a judge could not order in small claims.
• Faster resolution. A mediated settlement is final the same day. A judgment may be appealed or delayed by non-payment.
• Lower risk. If the judge rules against you, you get nothing. In mediation, you can walk away with something — even if it is less than the full amount.

How to Prepare

Before the mediation session:

1. Know your ideal outcome. What is the best result you would accept?
2. Know your minimum. What is the lowest settlement you would take before walking away and going to the hearing?
3. Know your walkaway point. If the other side offers less than your minimum, you proceed to trial. Having this number clear before you sit down prevents emotional decisions in the room.
4. Bring your evidence. Even though mediation is not a hearing, having organized documentation strengthens your position. The other side takes you more seriously when they see you are prepared to go to trial.

If Mediation Fails

You go directly to the hearing the same day. Nothing from mediation carries over. The judge has not heard anything discussed in the mediation room, and neither party can reference what the other said or offered during the session.

The Maine Small Claims Filing Guide includes a CADRES mediation preparation sheet for setting your ideal outcome, minimum outcome, and walkaway point before the session begins.

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