Municipalities and wireless carriers are responsible for deciding whether to elect to participate in mediation. Parties may elect to participate in the mediation process after a local permit granting authority issues a decision, or while an appeal of any such decision is pending before a Massachusetts state or federal court.
Step 2: Mediation Agreement & Conflict Checklist Forms
Once the parties have agreed to mediation, the appropriate forms must be completed, signed by the parties and faxed to OCABR. (All required forms may be downloaded from this site).
If a mediator has not been selected by the parties within ten days of OCABR's receipt of the Mediation Agreement form, then OCABR shall select an appropriate mediator for the case.
Step 3: Expert Authorization & Conflict Checklist Forms
Subject to agreement of the parties, the mediator may select an appropriate expert based on the needs and specific matters in dispute. (All required forms may be downloaded from this site).
Step 4: Mediator & Expert Compensation
Both mediators and experts will be compensated directly by the parties. The fee for service of the mediator will be based on a four-hour time period including preparation, actual mediation session and the preparation of an agreement document or execution of a typed-written, non-binding determination (if parties request this).
If the mediator determines that additional mediation time is necessary, the mediator may extend the mediation process with the agreement of the parties. The mediator is authorized to charge an additional per hour fee if the mediation process extends beyond four hours. The additional fee will be shared equally by the parties and paid directly to the mediator.
Step 5: Mediation Decision
If the parties agree to request a written decision, copies of such decision will be submitted to the parties and OCABR.