An Act To Clarify Compensation for the Panel of Mediators
Maine Legislature, Session 126, LD 0689
Committee: Labor, Commerce, Research and Economic Development
Sponsors: GIDEON, DUTREMBLE, DUNPHY, FARNSWORTH, GRAHAM, HAMANN, KORNFIELD, MORIARTY, NEWENDYKE, CLEVELAND
Amends: 26 MRSA §965

Legislative Document 
No. 689 
H.P. 481 
House of Representatives, February 26, 2013 
An Act To Clarify Compensation for the Panel of Mediators 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative GIDEON of Freeport. 
Cosponsored by Senator DUTREMBLE of York and 
Representatives: DUNPHY of Embden, FARNSWORTH of Portland, GRAHAM of North 
Yarmouth, HAMANN of South Portland, KORNFIELD of Bangor, MORIARTY of 
Cumberland, NEWENDYKE of Litchfield, Senator: CLEVELAND of Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §965, sub-§2, ¶C, as amended by PL 1997, c. 412, §2, is 
further amended to read: 
C.  The Panel of Mediators, consisting of not less than 5 nor more than 10 impartial 
members, must be appointed by the Governor from time to time upon the expiration 
of the terms of the several members, for terms of 3 years.  The Maine Labor 
Relations Board shall supply to the Governor nominations for filling vacancies.  
Vacancies occurring during a term must be filled for the unexpired term. Members of 
the panel are entitled to a fee for services in the amount of $100 for up to 4 hours of 
mediation services provided and $100 for each consecutive period of up to 4 hours 
thereafter and also are entitled to traveling and all other necessary expenses.  If a 
mediator is required to travel in excess of 43 miles one way to provide mediation 
services and maintains written documentation of the mediator's driving time, the 
mediator is entitled to an amount equal to 1/2 of the mediator's hourly fee for services 
for the time that the mediator travels in excess of 43 miles one way.  Notwithstanding 
the provisions of Title 5, section 12003-A, subsection 9, members of the panel who 
provide mediation services in more than one dispute in a given day are entitled to the 
compensation as provided in this paragraph in each such case.  The necessary 
expenses incurred by the members must be allocated to the mediation session that 
required the costs.  The costs for services rendered and expenses incurred by 
members of the panel and any state cost allocation program charges must be shared 
equally by the parties to the proceedings and must be paid into a special fund 
administered by the Maine Labor Relations Board. Authorization for services 
rendered and expenditures incurred by members of the panel is the responsibility of 
the Executive Director of the Maine Labor Relations Board.  All costs must be paid 
from that special fund.  The executive director may estimate costs upon receipt of a 
request for services and collect those costs prior to providing the services.  The 
executive director shall bill or reimburse the parties, as appropriate, for any 
difference between the estimated costs that were collected and the actual costs of 
providing the services.  Once one party has paid its share of the estimated cost of 
providing the service, the mediator is assigned.  A party who has not paid an invoice 
for the estimated or actual cost of providing services within 60 days of the date the 
invoice was issued is, in the absence of good cause shown, liable for the amount of 
the invoice together with a penalty in the amount of 25% of the amount of the 
invoice.  Any penalty amount collected pursuant to this provision remains in the 
special fund administered by the Maine Labor Relations Board and that fund does not 
lapse.  The executive director is authorized to collect any sums due and payable 
pursuant to this provision through civil action.  In such an action, the court shall 
allow litigation costs, including court costs and reasonable attorney's fees, to be 
deposited in the General Fund if the executive director is the prevailing party in the 
action. 
SUMMARY 
This bill entitles mediators in public employee collective bargaining negotiations who 
are required to drive in excess of 43 miles one way to provide mediation services to 
receive an amount equal to 1/2 of the mediator's hourly fee for services for the time that 
the mediator travels in excess of 43 miles one way.