Angiulo: Bringing Both Sides of Local Disputes to the Negotiating Table

Email to a friend Permalink

Monday, November 24, 2014

Leonardo Angiulo, GoLocalWorcester Legal Contributor

Local government may have the lowest profile of all elected officials, but they can have a dramatic impact on individual lives.  While their decisions about building an addition on your house or who your cable provider is may seem small compared to quantitative easing, consider that local government effects how you live your life on a daily basis. Local officials will often face their constituents in public hearings, allowing for open discussion where many opinions can be heard. As with any forum open to many voices, when issues get bigger and more controversial communication can break down for various reasons. Programs available through the Massachusetts Bar Association and the Commonwealth's Office of Public Collaboration are working to help citizens and their local government work together using Alternative Dispute Resolution strategies. 

Members of the The Massachusetts Bar Association recently appeared at Holy Cross to discuss how Alternative Dispute Resolution (ADR) is implemented in our communities through various private and State programs. ADR has been the subject of previous columns and descriptions of the practice can fill books. For these purposes, the function of ADR is to provide a disinterested third party to act as mediator and allow all parties to a debate a chance to be heard in an orderly and fair manner.

The recent events in Westminster, Massachusetts are an example of how deep divisions between residents and town government can get. If you don't remember, the local board of health had recently proposed a ban on tobacco sales within that municipality. You might agree with the scientific and medical benefits of such a plan, or believe it borders on fascism. Whichever it is, the fact is that the two sides were very far apart on the issue. This played out with a public hearing that ended early when disorder set in. 

One of the difficulties that can occur with public debate is that if the citizens believe their elected or appointed officials are not capable of listening then they may refuse to participate in forums. They may engage in civil disobedience in order to express their dissatisfaction with how they are being treated. The challenge is that we here in New England take pride in our tradition of democracy. Part of that tradition, especially in Massachusetts, is representative government that is responsive to its constituents. ADR in municipal and regional conflicts is a way to bring both sides back to the negotiating table and ensure civil discourse in the exercise of democracy. 

Identifying, and effectively addressing, destructive municipal conflict is the focus of legislative concern and the Commonwealth is currently inviting comment through the Office of Public Collaboration's website. With public participation, the Commonwealth will be able to compile data and craft solutions to future issues. While some may see the potential for state involvement in municipal issues as an unwelcome intrusion, others may value a voice with less of a stake in a particular outcome. 

The long standing tradition of ADR being used regularly, and effectively, in litigation is reflected in the Massachusetts Bar Association's Committee made up of practitioners specializing in the field. Some of the most difficult legal cases, including complex family law disputes and business matters, can be solved through parties coming together to negotiate in good faith during ADR.  Through ordered and mutual expression of concerns both parties have the opportunity to be heard and potentially resolve their disagreements.

The ADR option in municipal conflicts would not replace the democratic process, it would merely facilitate the expression of ideas. Whether you would cite the Declaration of Independence or the United Nations Universal Declaration of Human Rights, the rule of law arises out of the consent of the governed. The opportunities offered by private groups and local government for orderly public discourse are ways to facilitate the structure needed to make our system run. No matter the dispute, there is ultimately a way for representative government to provide remedies so long as the people participate in the process.

Leonardo Angiulo is an Attorney with the firm of Glickman, Sugarman, Kneeland & Gribouski in Worcester handling legal matters across the Commonwealth. He can be reached by email at [email protected].           

Related Articles

• Angiulo: Non-Violent Drug Offenders May See Federal Prison Stays Shortened
• Leonardo Angiulo: Dissecting the Proposed MA Firearm Legislation
• Leonardo Angiulo: Further Refining the Investigation of Marijuana Offenses
• Angiulo: Powers of the MA Governor During States of Emergency
• Angiulo: Big Changes for Jury Trials in Massachusetts Superior Court
• Leonardo Angiulo: Citizens Recording Official Police Business
• Angiulo: Supreme Court Shuts Down Innovative Aereo TV Service
• Leonardo Angiulo: The Impact of Parole on Murder Sentences
• Leonardo Angiulo: How State Law Can Be Used To Promote Clean Energy
• Leonardo Angiulo: Combating the Effects of Heroin Addiction
• Angiulo: Supreme Court Unanimous on I.R.S. Summons and Scrutiny
• Angiulo: New MA Domestic Violence Law Changes Process After Arrest for Both Victims and Accused
• Leonardo Angiulo: Changing the Standard for Sealing Criminal Records in MA
• Angiulo: A Call to End Mandatory Minimum Sentences in Massachusetts Drug Cases
• Leonardo Angiulo: Mixing Politics with Supermarkets
• Angiulo: The Intersection of Organized Labor, Employers and the Court System
• Angiulo: The Long Term Impact of the Hinton Drug Lab Crisis
• Leonardo Angiulo: When Child Support Ends
• Leonardo Angiulo: Mass. Appeals Court Explains Expert Testimony in Drug and Drunk Driving
• Leonardo Angiulo: Spotlight on the Massachusetts Sex Offender Registry Board
• Leonardo Angiulo: Expunging Criminal Records for Victims of Identity Theft
• Leonardo Angiulo: Difficult Divorces Can Be Even More Expensive Than You Think
• Leonardo Angiulo: Victim Rights in Massachusetts
• Angiulo: Tesla Motor Vehicles Greet Their Competitors in Massachusetts with a Legal Victory
• Angiulo: Independent Contractors, Employers, and Unemployment Benefits in Massachusetts

Enjoy this post? Share it with others.

Email to a friend Permalink