LD 1929
pg. 3
Page 2 of 5 An Act Concerning Damage to Lands and Natural Resources Caused by Natural Gas P... Page 4 of 5
Download Bill Text
LR 2869
Item 1

 
acceptable solution to a dispute in accordance with applicable
principles of property law, the terms of any easement and the terms
of any governmental permits issued with respect to the pipeline.__
The mediated settlement may include penalties for noncompliance
with the terms of the easement or of any government permits as well
as requirements that one or more parties to the mediation undertake
restoration and mitigation measures.

 
The mediator, whenever possible and appropriate, shall conduct
the mediation in the county in which the land that is the subject
of the conflict is located.

 
7.__Schedule; notice; participants.__The mediator is
responsible for scheduling all mediation sessions.__The mediator
shall provide the names and addresses of the landowner and the
entity with whom the landowner has a dispute and a copy of the
notice of the mediation schedule to the Superior Court clerk, who
shall mail the notices.

 
8.__Parties to mediation.__A mediator shall include in the
mediation process any person the mediator determines is necessary
for effective mediation.__A mediator may exclude or limit a
person's participation in mediation when the mediator determines
that exclusion or limitation necessary for effective mediation.

 
9.__Sharing of costs.__Participants in the mediation may share
the costs of mediation after the initial 4 hours of mediation
services have been provided.

 
10.__Admissibility.__The admissibility in court of conduct or
statements made during mediation, including offers of settlement,
is governed by the Maine Rules of Evidence, Rule 408(a) for
matters subsequently heard in a state court and Federal Rules of
Evidence, Rule 408 for matters subsequently heard in a federal
court.

 
11.__Agreements.__A mediated agreement must be in writing.__
The landowner and the entity with whom the landowner is in
dispute must sign the agreement as participants and the mediator
must sign as the mediator.

 
12.__Mediator's report.__Within 90 days after the landowner
files an application for mediation, the mediator shall file a
report with the Superior Court clerk.__The mediator shall file
the report as soon as possible if the mediator determines that a
mediated agreement is not possible.__The report must contain:

 
A.__The names of the mediation participants;


Page 2 of 5 Top of Page Page 4 of 5