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SECTION XIII: EXCEPTION 9
9. To meet or confer with a mediator, as defined in section twenty-three C of chapter two hundred and thirty-three, with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or body, provided that: (a) any decision to participate in mediation shall be made in open session and the parties, issues involved, and purpose of the mediation shall be disclosed; and (b) no action shall be taken by any governmental body with respect to those issues which are the subject of the mediation without deliberation and approval for such action at an open meeting after such notice as may be required in this section.
In recent years, parties in a dispute have increasingly turned to alternative means for resolving their problem. Traditional means, such as courts or administrative hearings, may be slower, more expensive and subject to more built in limitations so that it is harder to reach a result that satisfies everybody. One such alternative means is to enlist the aid of a professional mediator, who, by working closely and informally with the parties, may be able to achieve a satisfactory resolution in a relatively short amount of time.
Recognizing that trend and the possible advantages in mediation, on December 29, 1994, the legislature enacted a ninth justification for an executive session.
The new provision reads:
If a governmental body decides to resolve a dispute through mediation, in certain circumstances this provision allows the board to hold the mediation sessions and conferences with the mediator in executive session. The mediation must concern litigation or public business within the board's jurisdiction. It must involve a dispute between the board and some other party. The provision does not apply to mediation to resolve an internal dispute among board members.
The initial consideration and decision on whether to attempt to resolve the issue through mediation must be in open session. The parties, issues, and purpose of the mediation must be disclosed during that preliminary open discussion. Finally, before the board takes any normal action concerning the issues that are the subject of the mediation, the board must discuss and decide whether to approve that action during a properly posted open session.
