A party to a conciliation may be represented by any person bearing written authority to sign agreements as to compensation.

  1. 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).

  2. 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).

  3. No conciliator may be called to testify at any proceeding regarding any issue which arose in a conciliation. 452 CMR § 1.08(4).

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