Conciliation

Can each party be represented by an attorney during conciliation?

Most conciliations involve parties who are represented by attorneys, but it is not required. A conciliation session most often includes two parties and two attorneys in family law cases. Attorneys can play an important role in the conciliation process by helping to explain the conciliator’s feedback to their respective clients.

How is conciliation different from going to trial in a courtroom?

First and foremost, a conciliator is not subject to the scheduling and time constraints of a trial court judge. Conciliations can generally be scheduled quickly, based on flexible schedule – in contrast to the months (or years) of delay parties experience in the trial court. In some ways, family law conciliation is similar to how How is conciliation different from going to trial in a courtroom?

How is conciliation different from arbitration?

An arbitrator is essentially a trial judge that parties independently choose to decide their case through a “private” trial. Most arbitrators conduct what essentially amounts to a trial, with documentary exhibits and witnesses, all subject to the rules of evidence. The arbitrator’s binding decision effectively substitutes for a trial court’s ruling and is not generally How is conciliation different from arbitration?

How is conciliation different from mediation?

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 How is conciliation different from mediation?

What is the role of the conciliator in divorce and family law cases?

The conciliator’s role blends elements of a mediator, an arbitrator and a judge. Each party and/or their respective attorney presents the conciliator with a memorandum and/or relevant pleadings summarizing the nature of the dispute and each party’s position. After reviewing these materials, the conciliator meets with the parties and attorneys and listens to each side’s What is the role of the conciliator in divorce and family law cases?

What family law cases are resolved through conciliation?

Conciliation is an effective method for resolving most family law related matters, including divorce, child custody and child support cases between unmarried parents, modification cases and contempt cases. In general, a conciliator can assist parties in the resolution of any form of family law dispute that can be litigated in the Probate & Family Court. What family law cases are resolved through conciliation?

What is conciliation for divorce and family law cases?

Conciliation is a method for resolving disputes in divorce and family law cases through the use of a neutral third-party individual who assists the parties in reaching resolution by identifying areas of agreement as well as discussing the strengths and weaknesses of the parties’ respective positions. In conciliation, the parties and/or their attorneys present their What is conciliation for divorce and family law cases?