Except in the case of judicial employees, if the parties agree not to follow the established fact-finding procedures, they shall jointly apply to the executive director to waive fact finding. The executive director may, in his or her discretion, concur with that agreement when substantial negotiating progress has been made prior to fact finding and the factual issues to be presented to an arbitrator or arbitration panel are reasonable and manageable in their number and difficulty.
12- 180 C.M.R. ch. 13, § 22