A party to a conciliation may be represented by any person bearing written authority to sign agreements as to compensation.
- Any person who is not a party (or who does not bear such authority) may attend a conciliation only with the consent of all parties. 452 CMR § 1.08(3).
- Although one Massachusetts appeals court case allows an attorney to send a lay advocate under the attorney's direction to a conciliation with the result that the attorney receives a full fee, such practice is not encouraged. Alliy v. Travelers Ins. Co., 39 Mass. App. Ct. 688, 659 N.E.2d 1219 (1996).
- No conciliator may be called to testify at any proceeding regarding any issue which arose in a conciliation. 452 CMR § 1.08(4).