2006 Massachusetts Code - Chapter 7 — Section 51. Office of dispute resolution; director; advisory council; powers and duties.

[ Text of section effective until July 1, 2005. Repealed by 2005, 45, Sec. 4. See 2005, 45, Sec. 38.]

  Section 51. There shall be within the executive office for administration and finance an office of dispute resolution under the supervision and control of a director who shall be appointed by the commissioner of administration with the approval of the governor. Said director shall be a person with substantial training and professional experience in dispute resolution, shall maintain complete impartiality with respect to the matters coming before said office of dispute resolution, and shall devote full time to the duties of his office.

  Said office of dispute resolution shall be available to assist agencies and officers of the executive, legislative, and judicial branches of the commonwealth, as well as any political subdivision or public instrumentality created by the commonwealth or any county, city or town, hereafter referred to as public agencies, to improve the resolution of disputes that arise within their respective jurisdictions. Said office is authorized to (a) facilitate the resolution of disputes through provision of impartial mediation and other dispute resolution services; (b) establish standards for the selection, assignment, and conduct of persons acting on behalf of said office in the resolution of disputes; (c) conduct educational programs and provide other services designed to reduce the occurrence, magnitude, or cost of disputes; (d) design, develop, or operate dispute resolution programs or to assist public agencies to improve or extend their existing dispute resolution programs; and (e) take such other action as will promote and facilitate dispute resolution by public agencies in the commonwealth.

  The director may promulgate, pursuant to the provisions of chapter thirty A, such regulations as may be necessary to carry out the functions of the office as authorized by this section.

  The director may establish reasonable fees to be charged to disputants or public agencies for the provision of the educational, consultation, dispute resolution, or other services authorized herein and may apply for and accept on behalf of the commonwealth any federal, local, or private grants, bequests, gifts, or contributions to aid in the financing of any of the programs or activities of the office. Such fees, grants, bequests, gifts, or contributions shall be received by the state treasurer and deposited in a separate account and shall be expended, subject to appropriation, at the direction of the director, with the approval of the commissioner of administration, for the cost of operation of the office, including personnel.

  The office may make agreements with public agencies and officers and may contract with other persons, including private agencies, corporations, or associations, to carry out any of the functions and purposes of this section.

  The office shall prepare annually a report on the status of public sector dispute resolution in the commonwealth and shall file said report with the clerks of the house of representatives and the senate.