Family law cases can be stressful, expensive, and time-consuming when they move toward trial. Massachusetts courts recognize this, which is why they encourage parties to use conciliation—a form of alternative dispute resolution approved by the Supreme Judicial Court under Rule 1:18, the Uniform Rules on Dispute Resolution.
Conciliation is different from informal settlement talks or mediation. In this process, a neutral third party, known as a conciliator, assists the parties in assessing their case, exploring settlement options, and gaining a better understanding of how a judge might view their issues. At Seder & Chandler LLP, we guide clients through conciliation so they are prepared, protected, and positioned for a fair resolution. Contact us today to learn how we can assist you.
What Is Conciliation?
Conciliation is a court-approved process that allows parties in family law disputes—such as divorce, custody, or child support cases—to work with a trained neutral. The conciliator reviews the facts, listens to each side, and provides feedback on the strengths and weaknesses of the case.
Unlike mediation, which focuses primarily on facilitating discussion, conciliation is more evaluative. The neutral often offers opinions about how the court might rule if the case were to go to trial. This feedback helps the parties make informed decisions about whether to settle or continue litigating.
When Conciliation Is Used in Massachusetts
Conciliation is usually offered after a case has already been filed in Probate and Family Court. A judge may order it, the court may recommend it, or he paries may request it voluntarily.
- Court-connected conciliation programs: Many counties offer free or low-cost conciliation sessions staffed by volunteer attorneys. These sessions typically last two hours and are designed to facilitate settlement.
- Private conciliation: When parties prefer more time or flexibility, they may hire a private conciliator. This option enables scheduling outside the courthouse and facilitates a more in-depth examination of complex issues.
How the Conciliation Process Works
Preparation is key to making conciliation effective. Before the session, attorneys may prepare memoranda, updated financial statements, and relevant pleadings for the conciliator to review.
During the session:
- Each side presents its position.
- The conciliator asks questions and may point out strengths or weaknesses.
- Settlement proposals are discussed.
- If progress is made, the conciliator assists the parties in drafting an agreement that can be submitted to the court.
If no full settlement is reached, conciliation can still be helpful by narrowing the disputed issues and clarifying what will be decided at trial.
Benefits and Limitations of Conciliation
Benefits
- Cost savings–Resolving disputes outside of trial reduces legal fees.
- Efficiency–Many cases are resolved in a single session.
- Realistic feedback–Parties gain insight into how the court might view their case.
- Reduced conflict–Especially important when co-parenting, conciliation promotes communication and compromise.
Limitations
- Not binding–The conciliator’s recommendations are advisory only.
- Not always appropriate–In cases involving domestic violence or severe power imbalances, conciliation may not be safe or effective.
- Good faith required–Both parties must be willing to participate honestly for the process to work.
How Seder Law Supports Clients in Conciliation
Our attorneys understand both the opportunities and the challenges of conciliation. We assist clients by:
- Preparing thorough case summaries and supporting documents.
- Advocating for your interests during the session.
- Helping you evaluate whether settlement is in your best interest.
- Drafting agreements that are clear, enforceable, and fair.
- Advising you on the next steps if a settlement is not possible.
As we regularly appear in Worcester and Westborough Probate & Family Courts, we understand how conciliation programs operate locally and can help clients maximize the benefits of the process.
Explore Conciliation With Guidance You Can Trust
Conciliation offers families in Massachusetts a constructive way to resolve disputes without the burden of trial. Whether your case involves divorce, custody, support, or property division, this process can save time, reduce costs, and provide valuable clarity about your options.
At Seder Law, we work with clients to prepare for conciliation and achieve outcomes that protect their interests and the futures of their families. Contact us today to discuss whether conciliation is right for your situation.
FAQs About Conciliation in Massachusetts
What is conciliation in Massachusetts family law cases?
Conciliation is a court-approved process under Rule 1:18, the Uniform Rules on Dispute Resolution. A neutral attorney or trained professional helps parties in divorce, custody, or support disputes assess their cases, explore settlement options, and gain a better understanding of likely court outcomes.
How is conciliation different from mediation?
In mediation, the neutral focuses on facilitating discussion without offering legal opinions. In conciliation, the neutral takes a more evaluative role—offering feedback on each side’s strengths and weaknesses and suggesting how a judge might decide the case.
Do Massachusetts courts offer free conciliation?
Yes. Many Probate and Family Courts in Massachusetts have free or low-cost conciliation programs staffed by volunteer attorneys. These sessions are typically time-limited. Parties may also hire private conciliators for more flexibility and a deeper case review.
Is conciliation right for every case?
Not always. Conciliation is most effective when both parties are willing to negotiate in good faith. It may not be appropriate in cases involving domestic violence or significant power imbalances. An attorney can help determine whether conciliation is a safe and effective option for your situation.
