There are penalties for those who do not take a conscientious approach toward conciliation:
- Failure of any party to appear at conciliation with any information requested by the department bars the introduction of such information in any subsequent conference before an administrative judge, unless the party shows good cause why such information was not produced at the conciliation. 452 CMR § 1.08(2).
- Ordinarily, a referral fee of 65 percent of the SAWW is payable by the insurer to the department under MGL c. 152 § 10(5) when a matter in dispute moves from conciliation to conference. [The SAWW as of October 1, 2011 is $1088.06.]
- Where an insurer fails to appear for a scheduled conciliation, a referral fee of 130 percent of the SAWW is payable by the insurer to the department. 452 CMR § 1.09(1).
- When the absence of an attorney for a party is not shown to be beyond the attorney's control, the attorney fee may be reduced.
- No attorney fees shall be due for any claim solely involving unpaid attorney fees or expenses for past services. MGL c. 152, § 10(1) paragraph 3.