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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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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: |
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| | | A.__The names of the mediation participants; |
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