The court may, in any residential tenancy under this subchapter, at any time refer the parties to mediation on any issue.

1. 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.

   [PL 2007, c. 246, §2 (NEW); PL 2007, c. 246, §6 (AFF).]

2. 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.

   [PL 2007, c. 246, §2 (NEW); PL 2007, c. 246, §6 (AFF).]

3. 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.

   [PL 2007, c. 246, §2 (NEW); PL 2007, c. 246, §6 (AFF).]

4. 4. Mediators provided The Court Alternative Dispute Resolution Service, established in Title 4, section 18‑B, shall provide mediators for mediations under this section.

   [PL 2007, c. 246, §2 (NEW); PL 2007, c. 246, §6 (AFF).]

5. 5. Rules; fees The Supreme Judicial Court may adopt rules of procedure for actions under this chapter.

   [PL 2007, c. 246, §2 (NEW); PL 2007, c. 246, §6 (AFF).]

PL 2007, c. 246, §2 (NEW). PL 2007, c. 246, §6 (AFF).