Most people going through a divorce or other family law dispute would prefer to avoid a trial, in which many personal details of their family life will be discussed in open court. Fortunately, the majority of family law disputes are resolved without a trial.

Sometimes parties are able to reach an agreement on their own or with the help of their attorneys. In other cases, a neutral third party can assist in resolving a case through mediation or conciliation. Both are forms of alternative dispute resolution, the goal of which is to help people resolve their conflicts without involvement of the court. Although the terms are often used interchangeably, mediation and conciliation are different.

Mediation

In mediation, a neutral third party facilitates discussions between the parties to help them identify issues and reach mutually agreeable solutions. The mediator does not provide legal advice or make decisions. Their goal is to help the parties work together to determine and agree upon a resolution.

Mediation can take place at any point in the legal process. Some people decide to work with a mediator before filing a family law case. Others pursue mediation while a case is awaiting resolution. Parties may or may not have their lawyers present during the mediated discussions.

Conciliation

Conciliation also involves a neutral third party – often an attorney or retired judge. The process is more directive than mediation and attorneys are frequently involved in the discussions. The conciliator listens to each party’s position, identifies the strengths and weaknesses in their case, and helps formulate a compromise to which both parties can agree. Parties are often given guidance about what a judge is likely to do in their case as well as a suggested resolution.

Mediation and conciliation are both voluntary processes. Parties cannot be forced to participate, although such participation is often encouraged by the court.

Benefits of Mediation and Conciliation

There are many benefits to pursuing mediation and conciliation, beyond just avoiding a trial. Both provide parties with more control over the resolution of their dispute, often promoting greater satisfaction with the outcome. This can reduce the chances that the case will end up back in court in an action to modify or enforce the terms of a judgment.

Both mediation and conciliation are generally less contentious than litigation. A more cordial dispute resolution process can enhance the ability of parties to work together as co-parents. And, because settling a case through mediation and conciliation frequently results in a faster resolution and less work for the attorneys, it is generally less costly than resolving a case in court.

Massachusetts Conciliation and Mediation Attorney

Attorney Linda Ouellette is a trained mediator and conciliator with nearly 40 years of experience helping clients settle divorce, custody, and other family-related disputes. Linda has advised and represented hundreds of clients in mediation and conciliation.