Massachusetts Divorce Conciliation Frequently Asked Questions (FAQs)
Below, please find answers to frequently asked questions about divorce and family law conciliation in Massachusetts.
Need a Conciliator or Conciliation-Friendly Attorney for your Massachusetts Case?
Do you need a conciliator for your divorce or family law case? Our statutory mediators are experienced family law attorneys who serve as conciliators for divorce and family law cases throughout Massachusetts. Ask your attorney if conciliation is right for your case. In addition, we act as counsel representing clients in conciliation sessions. If you need a conciliator for your Massachusetts divorce or family law case, or an attorney to represent you in conciliation, please call us at (781) 253-2049. We provide virtual conciliation services via Zoom.
Conciliation is very similar to evaluative mediation, but allows the neutral third party to play different role than most mediators. Most divorce and family mediation is “facilitative”, which is to say, the mediator attempts to guide the clients towards resolution without injecting the mediator’s subjective opinion into the negotiation unnecessarily. However, some clients seek out “evaluative” mediation, in which the mediator offers specific feedback and opinions on each client’s position, including the mediator’s opinion on how a judge would likely rule on individual issues.
Conciliation bears several similarities with evaluative mediation. Like evaluative mediation, the conciliator actively offers his or her opinions on each client’s positions, including how a judge would likely rule on specific issues. The main differences between conciliation and evaluative mediation are largely stylistic. Most (although not all) mediations do not include the direct participation of attorneys. In contrast, most conciliations (although not all) include the direct participation of attorneys. Unlike most mediators, conciliators generally ask attorneys for the participants to submit memos setting out each client’s legal position.
Most conciliations include periods of “argument” in which each attorney presents their client’s case, and the conciliator listens and provides feedback, much like a judge. Most conciliations (although certainly note all) occur after litigation has already been filed in court. Although mediation also occurs during active litigation, it is more common for clients to pursue mediation prior to the commencement of formal litigation.
Despite these differences, however, there are strong similarities between evaluative mediation and conciliation. In both processes, the goal is settlement. Both conciliators and evaluative mediators occupy a more robust, assertive role compared to the more passive role of a facilitative mediator. Although both conciliators and evaluative mediators offer direct feedback on the strengths and weaknesses of each party’s arguments, neither has the authority to enter binding orders the way a judge or arbitrator would.
The main differences between conciliators and evaluative mediators come down to the degree of formality. Conciliation is designed to more closely mimic a courtroom process, with the submission of memos, the participation of attorneys, and the conciliator expected to preside over argument in a somewhat authoritative manner. Evaluative mediation tends to be somewhat less formal, with less emphasis on each side “arguing their case” and the mediator occupying a somewhat less formal and authoritative role.
Of course, once negotiations get started, it can be almost impossible to tell the difference between a conciliator and evaluative mediator. Both roles often involve the third-party neutral rolling up his or her sleeves and pushing the parties towards resolution in very similar ways.
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