Section 6004-A - MediationThe court may, in any residential tenancy under this subchapter, at any time refer the parties to mediation on any issue. [2007, c. 246, §2(NEW); 2007, c. 246, §6(AFF).]
1.Mediated agreement. An agreement reached by the parties through mediation must be reduced to writing, signed by the parties and presented to the court for approval as a court order. [2007, c. 246, §2(NEW); 2007, c. 246, §6(AFF).]
2.No agreement; good faith effort required. When agreement through mediation is not reached on an issue, the court shall determine that the parties made a good faith effort to mediate the issue before proceeding with a hearing. If the court finds that either party failed to make a good faith effort to mediate, the court may order the parties to submit to mediation, may dismiss the action or a part of the action, may render a decision or judgment by default, may assess attorney's fees and costs or may impose any other sanction that is appropriate in the circumstances. [2007, c. 246, §2(NEW); 2007, c. 246, §6(AFF).]
3.Mediation not ordered; consent. The court may not order mediation in cases in which no mediator is available or mediation would delay any hearing in the matter, unless the parties consent to a delay in the proceedings to allow mediation to take place. [2007, c. 246, §2(NEW); 2007, c. 246, §6(AFF).]
4.Mediators provided. The Court Alternative Dispute Resolution Service, established in Title 4, section 18-B, shall provide mediators for mediations under this section. [2007, c. 246, §2(NEW); 2007, c. 246, §6(AFF).]
5.Rules; fees. The Supreme Judicial Court may adopt rules of procedure for actions under this chapter. [2007, c. 246, §2(NEW); 2007, c. 246, §6(AFF).]
2007, c. 246, § 2 (NEW) . 2007, c. 246, § 6 (AFF) .