Bullwinkel Law Group, LLC | Family Law and Mediation

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Mediation And Conciliation In Massachusetts

The attorneys at Bullwinkel Law Group, LLC, can assist you with mediation or conciliation. If you believe your family law dispute could be helped by either mediation or conciliation, the first challenge may be determining the difference between the two processes.

While very similar, there are differences, and our founder Kristin Bullwinkel is a certified mediator with more than 35 years of experience with family law disputes. She will sit down with you, listen to the facts and details of your situation, and then describe how a mediation or conciliation might proceed, allowing you to understand in the context of your case which process would better serve your goals and personality.

We understand how difficult divorce, child custody, property division and other family law disputes can be to deal with, and we will provide you with the professional guidance you need to make informed decisions throughout the process.

How Mediation Is Different From Litigation

Mediation and conciliation offer many benefits compared to the traditional process of resolving an issue through the courts, including the following:

  • Flexible schedules: Family courts are very busy, and court dockets are crowded, meaning it may take weeks or months to obtain a date; mediation and conciliation are much more flexible and can greatly speed the process.
  • A mediator or conciliator is not a judge: In a trial, a judge must remain impartial; while he or she can comment on some aspects of the attorneys’ arguments, they cannot offer specific guidance or critique. A conciliator can highlight and discuss weak arguments.
  • A mediator works with the parties and does not decide any issues: The mediator works to help the parties achieve consensus and resolve issues.
  • Third-party legal opinions: A conciliator listens to the arguments of the attorneys and may provide specific assessments of the strengths and weaknesses of each side.

Depending on the circumstances, these processes can be very similar, and we have the depth of experience to help you choose the method best suited for your situation.

Differences Between Mediation And Conciliation

The differences between mediation and conciliation are subtle. One important difference is that mediators are neutral third parties, and they try to help the parties work out a resolution, keeping their opinions to a minimum and working to guide the parties to consensus.

Conciliators work in a manner like a mediator but provide more specific opinions of the viability of the positions of the parties and the strengths of their arguments. The conciliator may listen to the arguments of the parties’ attorneys and then provide specific feedback. While they do not have the binding, decision-making authority of a judge, they can help clarify issues and focus the parties on where they can reach a consensus.

With mediation, it’s possible for the parties to work without attorneys and do this before formal litigation has commenced. In conciliation, the process is more formal, with the attorneys submitting arguments and the conciliator providing feedback. Our team can help you decide if either of these methods will work with your divorce.

Do I Need An Attorney If I Go To Mediation Or Conciliation?

You do not need an attorney to attend mediation or conciliation. A majority of mediations do not have the parties’ attorneys present. A majority of conciliations do have attorneys for the conciliation present. With conciliation being more formal, many people may find it difficult to prepare for and attend conciliation without an attorney.

If you choose to attend mediation or conciliation without an attorney, consider having an attorney review any written agreement prior to signing. It is perfectly acceptable and advisable to state that you want your attorney to review an agreement before you sign. Remember: your mediator and conciliator are neutral third parties which cannot and will not represent you or protect your individual interests.

Contact Bullwinkel Law Group, LLC

To discuss the potential for mediation or conciliation in your family law matter, call the Westford office at 978-320-3400 or use the firm’s online contact form.