Conciliation

Are there licensing requirements for conciliators in Massachusetts?

There is no licensing requirement for private conciliators in Massachusetts. Some Massachusetts Probate & Family Court operate public conciliation programs in which parties are directly referred by the court to conciliators who are certified by the court. At SSDM, all of our conciliators are statutory mediators and experienced family law attorneys.  

Are all conciliators attorneys or retired judges?

Because conciliators offer specific feedback on the strength of each party’s position, nearly all qualified conciliators are practicing family law attorneys and/or retired judges. As noted above, retired judges are often highly qualified to offer feedback to clients regarding contested legal issues. However, where the real goal of conciliation is to seek resolution of the Are all conciliators attorneys or retired judges?

What preparation is required for conciliation?

Generally, a conciliator will require a memorandum and financial statement from each party. In some instances, an existing pretrial memorandum and recent financial statement is an appropriate substitute.  Conciliators usually also wants copies of relevant pleadings and orders. For clients attending conciliation without an attorney, it may make sense for the client to spend some What preparation is required for conciliation?

Who pays for conciliation?

In many cases, parties share the cost of the conciliation. However, it is also not unusual for one party to pay the fee of the conciliator. In some cases, it makes sense for the conciliator’s fee to be paid from the client fund accounts held by one or both attorneys. The conciliator’s opinions are not Who pays for conciliation?

How much does conciliation cost?

At South Shore Divorce Mediation, we require a retainer for 4.0 hours of work at an hourly rate of $350.00 per hour for conciliation. This includes 1.0 hours to review pleadings/memos, and 3.0 hours for the conciliation session and follow up. If parties request a memo/report, this will generally cost an additional 1.0 hours. Please How much does conciliation cost?

Will my conciliator write a report that can be viewed by the judge in my court case?

Parties and/or their attorneys can request a written report from the conciliator that summarizes the issues reviewed, the status of negotiations and/or the conciliator’s feedback on each party’s position. Parties can request a report that can be submitted to the judge with the clear, written consent of both parties. Parties may also request a settlement Will my conciliator write a report that can be viewed by the judge in my court case?

How has conciliation been impacted by the Covid-19 pandemic?

Delays to trial time and court availability due to Covid have drastically increased demand for conciliation for parties who are seeking to litigate their case but find that courts simply are not available to advance case in timely manner. Conciliation allows parties to receive feedback from qualified third party in a speedy and efficient manner How has conciliation been impacted by the Covid-19 pandemic?

How do parties usually end up in conciliation?

Most (although not all) conciliation clients come to the process after hitting and impasse in litigation. With the Covid crisis drastically reducing access to courts, many parties and their attorneys are now seeking conciliation where judges are simply not available. Conciliation often represents a middle ground between fully committing to mediation vs. continuing with litigation. How do parties usually end up in conciliation?

Do parties ever participate in conciliation without attorneys?

Although most conciliations involve attorneys, it is not unusual for self-represented parties to participate in conciliation. In some instances, it may make sense for unrepresented parties to participate in evaluative mediation, which is very similar to conciliation, but which takes place in a slightly less formal manner.