You may be able to resolve, or settle, your case by talking to the agency. Settlement negotiations will be between you and the agency’s attorney. The magistrate will not participate in settlement negotiations.
If one side believes the law clearly supports their position and there is no genuine disagreement about the facts, that party may request a summary decision. See the section Motions for Summary Decision.
Alternatively, you and the agency may choose to have your case decided using written materials instead of holding a hearing. This works best when the main facts of the case are not disputed or can be extrapolated from documents rather than witness testimony. To request this option, the parties must file a notice with DALA. If it appears the case can be decided without a hearing, DALA will set a schedule that will give each party a deadline to submit:
- All documents, including affidavits, they want considered;
- The facts, including stipulated facts, they believe support their case; and
- Written arguments explaining why the law supports their position.
You can read the rule concerning this option here: 801 C.M.R. 1.01(10)(c).