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Mediation stalls in Concord dog-arbitration case; Select Board requests legal briefing before possible hearing
Summary
Town staff reported mediation led by restorative-justice group C4RJ failed after one party declined to participate; the board agreed to collect member questions and ask counsel for a legal briefing to determine whether there is sufficient basis for a formal dog hearing under town bylaw or state law.
Town Manager Carrie Lafleur told the Select Board on Nov. 4 that attempts to mediate a dog-arbitration complaint through restorative-justice group C4RJ have stalled because the other party declined to participate.
"She did reach out to both parties. The next step was then to bring the parties together... The complainant was interested in meeting. The other party was not interested in meeting," Carrie said, reporting the mediator made multiple outreach attempts but could not secure participation from one side.
The complaint seeks a determination that the dog is a nuisance, an outcome that can carry enforceable remedies under state law. Carrie told the board that special counsel had previously advised the board it can either review the complaint to determine whether there is sufficient basis to call a hearing or simply call a hearing and proceed with counsel.
Select Board members said they want a briefing from counsel that explains the standard for a hearing, likely remedies and risks to the town if it chooses or declines to hold a hearing. The board directed staff to consolidate member questions and to schedule a legal briefing before taking further action.
