Divorce is often one of the most difficult transitions someone goes through in life. Even in the most amicable cases, divorce and family law matters are emotionally charged and financially burdensome. But, they don’t always have to be resolved in lengthy court battles. Alternative Dispute Resolution (ADR) methods such as mediation and conciliation allow couples to resolve disputes more privately and peaceably than through litigation. Understanding when and how to use these approaches in a divorce case can save time, reduce stress, and lead to better long-term outcomes for families.

What is Mediation?

Mediation is a voluntary method of ADR where a neutral third-party, or “mediator,” helps both spouses with coming to an agreement, typically in a series of privately scheduled sessions. The mediator facilitates discussions, but does not provide advice to either party. Mediation promotes communication and cooperation, and the mediator ensures that conversations remain respectful.

Mediation can save time and money in aspects of a divorce such as child custody, child support, and division of assets. It allows couples a level of control over decisions, and can be a great option for couples seeking to maintain a constructive relationship.

What is Conciliation?

Conciliation is a more formal approach to ADR, where a third-party, the “conciliator,” facilitates discussions and can provide insight into the relative strengths and weaknesses of the positions taken by the parties. In Massachusetts, a conciliator is typically a retired judge or experienced attorney. While it is the responsibility of the parties to reach an agreement, the conciliator may make suggestions and clarify legal issues as they arise.

Conciliation is particularly beneficial in more complex or high-conflict situations, like financial disputes or property settlements. As the parties work to reach decisions, the conciliator may evaluate how a judge may consider the facts at hand and suggest potential resolutions.

Is Mediation or Conciliation Right For You?

Every couple, and every divorce, is unique. The best approach to resolving disputes often depends on the level of conflict, the complexity of financial or parenting issues, and how well parties are able to cooperate. Conciliation and mediation both offer each party the chance to resolve disputes respectfully, efficiently, and with greater control over the outcome.

Mediation may be suitable for spouses who can communicate reasonably, wish to maintain a positive relationship, and want some control over decisions involving matters such as child custody, division of assets, parenting schedules, and child support.

Conciliation, on the other hand, may be more effective for spouses struggling to reach common ground or who’d like professional feedback on likely outcomes in court.

Conclusion

ADR methods such as mediation or conciliation can often relieve some of the financial and emotional burden of going through a divorce. They are typically less contentious, less costly, and take less time than litigation.

If you are considering divorce or are interested in learning more about mediation and conciliation, contact Mick Judge or Kathy Field at Ligris + Associates PC.

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