Conciliation

Conciliation is a court-connected dispute resolution process lawyers perform, generally with a local bar association. Conciliation is defined under the Uniform Rules of Dispute Resolution (Supreme Judicial Court Rule 1:18) as a process in which a neutral assists parties in settling a case by clarifying the issues and assessing the strengths and weaknesses of each side of the case. If the case is not settled, a conciliator explores the steps which remain to prepare the case for trial.

A conciliator may take on a variety of roles in the conciliation process depending on the case. For example, a conciliator may:

• Help the parties clarify issues in a dispute

• Determine the relative strengths and weaknesses of the parties’ case

• Give opinions about the advantages and potential outcome of the case

• Explore settlement

• If no settlement is reached, speed up trial preparation and move the case toward disposition

The Uniform Rules on Dispute Resolution explain qualification standards for all neutrals. To be qualified, a conciliator must:

• Be a lawyer licensed to practice law in Massachusetts

• Be in good standing with the Board of Bar Overseers

• Have been practicing law in Massachusetts for at least 3 years

Currently, conciliation programs are approved to offer dispute resolution services in the Probate and Family Court, the Superior Court, and the District Court departments.