Like mediation, conciliation aims to help both parties walk away with a somewhat satisfactory result while avoiding the typical stresses and challenges associated with litigation. Though it is not a viable choice for every dispute — some cases are better served by mediation or other forms of communication — it can be a less time-consuming and more cost-effective way to settle a situation than going to court.
What Is Conciliation in Contract Law?
Conciliation generally refers to a dispute resolution process in which a neutral third party helps other parties identify issues, evaluate positions, and work toward resolution. Ideally, they can clarify any unclear concerns and conflicts to facilitate discussion and mediation. This process is usually voluntary, but it may be required based on existing contract terms or legal decisions.
Conciliation is run by a conciliator — a neutral third party with specialized training in this process. If the other parties are unable to reach a consensus, the conciliator helps them explore next steps for scheduling and trial preparation.
The Difference Between Mediation and Conciliation
The meanings of conciliation and mediation are quite similar, but they are two distinct processes. Mediation is a voluntary process in which a third party reviews a case, discusses items of mutual concern, and helps explore a range of solutions to find an acceptable settlement. In Massachusetts, mediation also has a statute that confirms the process is legally confidential.
The conciliation process, conversely, is primarily focused on identifying all strengths and weaknesses in each case. While conciliation does not fall under the same confidentiality statute in the state, any information and disclosures presented during the process are protected by Rule 9 of the Massachusetts Court System’s Ethical Standards. Certain Massachusetts conciliation programs require conciliators to meet specific training and professional qualification standards.
Regardless of which avenue you choose, know that having an attorney present is highly recommended to facilitate a favorable outcome.
How to Arrange a Conciliation in Massachusetts
The process of requesting a conciliation varies based on the type of legal case you have:
- Business and workers’ compensation: Conciliation is automatically scheduled when the claim is first filed.
- Family law: Conciliation must be requested and ordered by a judge.
- Civil law: The process for requesting conciliation depends on the type of civil dispute and the court or agency involved.
However, in construction and real estate law — our primary areas of experience — mediation is usually required instead. While conciliation can be ordered by a judge or scheduled automatically based on certain case features, mediation is voluntary and should be agreed upon by both parties. At Calabrese Law Associates, our attorneys can help you determine whether mediation could help your case and prepare you for what may be discussed during negotiations.
What if Conciliation Doesn’t Resolve the Dispute?
While conciliation can lead to dispute resolution, in some cases, it may be just the first step in resolving a conflict. If necessary, the conciliation process will lead to:
- Conferencing: A proceeding involves an informal meeting with both parties, their attorneys, and a judge. The judge will review the case and may issue a temporary order before moving into a hearing.
- Pre-hearing conference: Next, you’ll schedule a pre-hearing conference or submit a Joint Pre-Hearing Memorandum to file and argue any motions. The conference should take place at least 10 days before the hearing.
- Hearing: The hearing, otherwise known as the trial, is the part of resolving disputes most people are familiar with. Both parties will present their cases, along with any supporting evidence, such as testimonies and witnesses, to the judge. After all the evidence is presented, the judge will issue a decision. While this is usually the end of proceedings, either party may decide to appeal the decision, which sends the case to a reviewing board.
- Appeal: Where necessary, a reviewing board composed of three judges will review the case and everything presented in it. They will either affirm the original judge’s decision or reverse the decision if they see fit. Any further appeals will go to the Massachusetts Appeals Court.
Find Support for Contract Law and Mediation in Massachusetts Today
Every legal case is strengthened when you have an experienced attorney on your side. If you have a business, construction, government practice, or related case going through the court, Calabrese Law Associates is available to support your mediation needs.
Since 2013, our practice has been Boston’s choice for understanding legal ramifications and pursuing suitable actions in our practice areas. When you need an attorney with years of experience related to your unique situation, we respond with industry knowledge and around-the-clock accessibility. Connect with our lawyers today and let us deliver the industry-leading legal representation you need to simplify your case.
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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