The Attorney General’s Consumer Mediation Service is a free service to Maine consumers who have a dispute with a business. The Service provides information to consumers about their rights under the law and offers a free mediation service to help resolve specific disputes. This Service also helps the Attorney General’s Office monitor the types of problems consumers are having around the State, putting us in a better position to protect Maine consumers from unfair and deceptive business practices. This information is also available as a Word document.
What Is Complaint Mediation?
Complaint mediation is a way to settle disputes in which the two parties to the dispute work through a third person to solve their problem. It is a simple, voluntary and informal process. The third person, or “mediator,” helps the disputing parties understand each other’s position and try to reach a mutually acceptable agreement. Mediation is a proven method of quickly settling problems.
How Does Our Consumer Mediation Service Work?
We review your complaint to determine if it can be mediated. If it appears that it can be, we will notify all parties that the complaint has been opened for mediation and will send a copy of the complaint to the business. We ask both parties to keep this office updated on the status of the complaint. If the parties are unable to resolve the dispute on their own, one of our mediators will be assigned to mediate the complaint. Our mediator tries to bring both parties closer to agreement in hopes the complaint will be resolved. Of course, to reach a satisfactory resolution, we need the participation of all parties, which is completely voluntary.
How Do I Start the Mediation Process?
Often problems are the result of simple mistakes or innocent misunderstandings. We urge you to first discuss your problem with all parties involved. Only if your own attempt at resolution fails is it time to try mediation.
To start the mediation process, use our online File a Complaint about a Business service, making sure to fill out all required fields, your summary of the complaint, and your requested resolution. Please include copies of all relevant documents such as sales receipts, disclosure statements, warranties, canceled checks, correspondence, etc. We do not return documents.
You can also call us:
- Complaint Line: 1-800-436-2131 (in Maine only) or (207) 626-8849
- Hours: Monday through Thursday, 9:00 a.m. – 12:00 p.m.
How Long Does It Take?
Keep in mind, complaints are assigned on a first-come, first-served basis, so please be patient. The mediators are very diligent and hardworking, but some complaints might prove to be very difficult and take additional time. It may be weeks or months before your complaint is ready for a mediation session.
New Information, Settlement, Etc.
If you receive any additional information after sending in your complaint that we should know about, please send it to us electronically by replying to an email you will have been sent by this office or in writing. Likewise, should you resolve the complaint on your own, please let us know so that we can close our file.
What Complaints Are Not Mediated?
We do not mediate disputes between private parties (i.e., where neither party is a business), disputes between businesses, disputes outside of our jurisdiction (e.g., where another agency is responsible such as the Public Utilities Commission or Bureau of Financial Institutions), disputes in which the consumer would be best served by contacting a private attorney or disputes where a lawsuit has already been filed by one of the parties.
What If Maine Law Is Violated?
This office receives numerous complaints about potential violations of Maine law. We generally prioritize and investigate unfair or deceptive practices that harm large numbers of consumers. If the complaint is one of multiple similar complaints against a company and Maine law is being violated, we may decide to file a lawsuit against the company. In that situation, your complaint will be part of the State’s case against the company.
When we sue, we do not act as a private attorney or represent individual consumers but instead act on behalf of all Maine consumers. Our consumer lawsuits may, however, ask the court to order the business to make refunds to harmed consumers.
Does Mediation Work?
We cannot guarantee mediation will work or that either party will receive everything she or he wants. But we do believe mediation often works and works well. If our mediation efforts do not work, we will advise the parties on what other options they might have.
What If Mediation Does Not Work?
If our attempts at mediating the complaint have been unsuccessful and there is nothing more we can do, there are still several things the parties can do. For example, they could try negotiating through an industry trade association to solve the complaint or sue the business in Small Claims Court (where you don’t need a lawyer and when your claim is $10,000 or less) or hire a private attorney. Maine law often allows consumers to recover their lawyer’s fees if successful in proving that a business violated consumer laws. Please see our consumer law guide on How to Resolve a Consumer Complaint for more information.