Code of Massachusetts Regulations
456 CMR - DEPARTMENT OF LABOR RELATIONS
Title 456 CMR 21.00 - Rules for Interest Mediation, Fact-finding And Interest Arbitration in Disputes Involving Public Employers and Public Employees; Private Sector Interest Mediation
Section 21.05 - Appointment of a Mediator
Current through Register 1531, September 27, 2024
(1) Investigation. Upon receipt of the petition, the Department shall commence an investigation to determine if the parties have negotiated for a reasonable period of time and if an impasse exists. If the Department determines that the parties are not at impasse, it shall notify the parties of this determination within ten days of the filing of the petition. Failure to notify the parties within ten days shall be deemed to mean that an impasse exists.
(2) Appointment. Within five days of the determination of an impasse, the Department shall promptly appoint a mediator to assist the parties in the resolution of the impasse.
(3) Selection. The mediator may be appointed from the Department's staff unless the parties have stated in the Petition for Mediation and Fact-finding that they jointly request that the Department appoint an outside mediator. If the parties request an outside mediator, they shall specify on the Petition for Mediation and Fact-finding the name, address, and telephone number of the person selected. The Department, in its discretion, may allow a joint request by the parties for the appointment of a particular staff mediator.
(4) Disqualification or Withdrawal of the Mediator. Prior to accepting an appointment, the mediator shall disclose to the Department any circumstances likely to create a presumption of bias, or which the mediator believes might disqualify him or her as an impartial mediator.
(5) Fees. The filing fee for a Petition for Mediation and Fact-finding filed pursuant to 456 CMR 21.03 or for Voluntary Interest Mediation filed pursuant to 456 CMR 21.04 is the amount established by 801 CMR 4.02: Fees of Licenses, Permits, and Services to Be Charged by State Agencies. The cost of the filing fee shall be equally divided between the parties. The cost of an outside mediator, selected by the parties, shall be equally divided between the parties unless the parties agree otherwise.
