5.  Mediation

    Mediation is a voluntary confidential, private, informal process in which a neutral person is invited or accepted by disputing parties to assist them in identifying and discussing issues of mutual concern, exploring various solutions, and developing a settlement mutually acceptable to the disputing parties.  Mediation can provide an expedited conclusion to a case by facilitating communication and negotiation between parties.

    All of the Administrative Magistrates at the Division of Administrative Law Appeals have completed a course in Mediation for Administrative Law Judges conducted by the American Bar Association and the National Association of Administrative Law Judges.

    DALA's rules on mediation are found at 801 CMR 1.04.  Any case at DALA may be assigned to mediation at the request of both parties.  If you would like to explore the possibility of mediation for your appeal, your first step should be contacting the other party to the case.

    Any Administrative Magistrate assigned to mediate would not subsequently be assigned to preside at a hearing, in the event that mediation fails.

    A party is also invited to request the services of the Massachusetts Office of Dispute Resolution (MODR) to mediate.  MODR has a fee for its services.

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