An Act To Establish a Mediation Process for Landlord-tenant Disputes
Maine Legislature, Session 123, LD 0659
Committee Amendment CA_A_H343 (House)
Amends: 10 MRSA §9097-B, 14 MRSA §6004-A

COMMITTEE AMENDMENT "A " 
to H.P. 508, L.D. 659, Bill, "An Act To 
Establish a Mediation Process for Landlord-tenant Disputes" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 10 MRSA §9097-B, as enacted by PL 1995, c. 60, §1, is amended to read: 
§9097-B. Entry and detainer 
Process of forcible entry and detainer pursuant to Title 14, chapter 709 must be used 
in mobile home evictions. This process includes mediation under Title 14, chapter 709, 
subchapter 1. 
Sec.2. 14 MRSA §6004-A is enacted to read: 
§6004-A. Mediation 
The court may, in any residential tenancy under this subchapter, at any time refer the 
parties to mediation on any issue. 
1. Mediated agreement. An agreement reached by the parties through mediation 
must be reduced to writing, signed by the parties and presented to the court for approval 
as a court order. 
2. No agreement; good faith effort required. When agreement through mediation 
is not reached on an issue, the court shall determine that the parties made a good faith 
effort to mediate the issue before proceeding with a hearing. If the court finds that either 
party failed to make a good faith effort to mediate, the court may order the parties to 
submit to mediation, may dismiss the action or a part of the action, may render a decision 
or judgment by default, may assess attorney's fees and costs or may impose any other 
sanction that is appropriate in the circumstances. 
COMMITTEE AMENDMENT 
........ 
COMMI17EE AMENDMENT ·A " 
to H.P. 508, LD .• 5' 
3. Mediation not ordered; consent. The court may not order mediation in cases in 
which no mediator is available or mediation would delay any hearing in the matter, unless 
the parties consent to a delay in the proceedings to allow mediation to take place. 
~ 
4. 
Mediators provided. 
The Court Alternative Dispute Resolution Service, 
established in Title 4, section 18-B, shall provide mediators for mediations under this 
section. 
5. Rules; fees. The Supreme Judicial Court may adopt rules of procedure for actions 
under this chapter. 
Sec. 3. Fees. The Supreme Judicial Court may assess a fee pursuant to the Maine 
Revised Statutes, Title 4, section l8-B as a part of the filing fee for actions under Title 14, 
chapter 709 to pay for mediation under this Act. 
Sec. 4. 
Report. The Court Alternative Dispute Resolution Service, established in 
the Maine Revised Statutes, Title 4, section l8-B, shall report to the joint standing 
committee of the Legislature having jurisdiction over judiciary matters no later than 
January 15, 2009 about the efficiency and use of the residential tenancy mediation 
program established by this Act. 
Sec. 5. Appropriations and allocations. The following appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior, District and Administrative 0063 
Initiative: Allocates funds to cover the cost of providing mediation in landlord-tenant 
disputes. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2007-08 
$11,250 
$11,250 
2008-09 
$22,500 
$22,500 
Sec. 6. Effective date. This Act takes effect January 1,2008.' 
SUMMARY 
This amendment replaces the bill, which required mediation in all forcible entry and 
detainer actions. This amendment allows the court to order mediation prior to a trial in a 
landlord-tenant forcible entry and detainer court trial. 
The amendment retains the 
provision of the bill that requires the Court Alternative Dispute Resolution Service to 
provide the mediators for the mediations. The amendment allows, which the bill required, 
the Supreme Judicial Court to adopt rules of procedure for landlord-tenant mediation. 
The Supreme Judicial Court may increase filing fees to pay for mediation. That portion 
of the fee will be deposited in the Court Alternative Dispute Resolution Service Fund and 
will be used to pay for the mediators. This amendment clarifies that the provisions of the 
bill apply to forcible entry and detainer when used in mobile home evictions. 
COMMITTEE AMENDMENT 
tv~'" 
COMMITTEE AMENDMENT .. ~ 
" to H.P. 508, L.D. 659 
This amendment requires the Court Alternative Dispute Resolution Service to report 
to the joint standing committee of the Legislature having jurisdiction over judiciary 
matters by January 15,2009 about the efficiency and use of the mediation program. 
This amendment adds an appropriations and allocations section to the bill. 
This amendment establishes an effective date of January 1, 2008. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/20/07 ;tvac 
( 
LD659 
LR 884(02) 
An Act To Establish a Mediation Process for Landlord-tenant Disputes 
Fiscal Note for Bill as Amended by Committee Amendment 'A " 
Committee: Judiciary 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$11,250 
$11,250 
2008-09 
$22,500 
$22,500 
Projections 
2009-10 
$22,500 
$22,500 
Projections 
2010-11 
$22,500 
$22,500 
Requiring mediation prior to trial in landlord-tenant forcible entry and detainer (FED) cases will require Other Special 
Revenue Funds allocations to the Judicial Department of$II,250 in fiscal year 2007-08 and $22,500 annually 
thereafter to cover the costs of providing mediation. Since this legislation authorizes the Judicial Department to adopt 
procedural rules and a schedule of fees, the projected costs of$II,250 in fiscal year 2007-08 and $22,500 annually 
thereafter should be covered by a dedicated fee of approximately $5 added to the filing fee and paid by those filing the 
case. 
LR0884(02) - Fiscal Note - Page 1 of 1