2005 Maine Code - §1440 — Mediation and arbitration of manufacturer; dealer disputes

      1. Mediation. Neither a dealer nor a manufacturer may bring an action in a court of competent jurisdiction based on an alleged violation of this chapter unless the dealer or manufacturer first serves a demand for mediation upon the other before bringing the action.[1997, c. 427, §2 (new).]
      2. Demand for mediation. A demand for mediation must be in writing and served on the other party by certified mail at an address designated within the sales agreement. The demand for mediation must contain a brief statement of the dispute and the relief sought by the party filing the demand. Within 20 days after the date a demand for mediation is served, the parties shall mutually select an independent mediator and meet with that mediator for the purpose of attempting to resolve the dispute. The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation of both parties.[1997, c. 427, §2 (new).]
      3. Effect of demand. The service of a demand for mediation under subsection 1 stays the time for the filing of any action under this chapter until the representatives of both parties have met with a mutually selected mediator for the purpose of resolving the dispute. If an action is filed before the meeting, the court shall enter an order suspending the action until the meeting has occurred and, upon written stipulation of all parties to the action that the parties wish to continue to mediate under this subsection, may enter an order suspending the action for as long as the court considers appropriate. A suspension order may be revoked upon motion of any party or upon motion of the court.[1997, c. 427, §2 (new).]
      4. Arbitration. If a dispute arises under this chapter, the dealer may voluntarily agree to submit that dispute to binding or nonbinding arbitration. An arbitration proceeding must be voluntary, initiated by serving a written request for arbitration on the other party and conducted under the provisions of the Maine Uniform Arbitration Act.[1997, c. 427, §2 (new).]
      5. Civil liability immunity. A mediator or arbitrator is immune from civil liability for any good faith act or omission within the scope of the mediator's or arbitrator's performance of powers and duties under this section. Every act or omission is presumed to be a good faith act or omission. This presumption may be overcome only by clear and convincing evidence.[1997, c. 427, §2 (new).]

Section History:

PL 1997,  Ch. 427,   §2 (NEW).