Massachusetts Divorce Conciliation: A Practical Guide

Looking for a Conciliator or a Conciliation-Savvy Attorney?

If your divorce or family law case needs a conciliator—or if you need legal counsel to guide you through conciliation—Wright Family Law Group has you covered. Our conciliators are seasoned family law attorneys who also meet the statutory requirements for mediators in Massachusetts. We regularly handle conciliation matters across the state, including Middlesex, Essex, Suffolk, Plymouth, Norfolk, Bristol, Worcester, and Barnstable counties, from our offices in Danvers and Tewksbury. Schedule your free 15-minute discovery call today or call us at 978-917-7794 to get tailored guidance and take the first step toward a secure future.

Understanding Conciliation in Massachusetts

Are conciliators licensed?

Massachusetts does not require a private conciliator to hold a license. Some Probate & Family Courts refer cases to local bar-association conciliation programs, where volunteer attorneys participate after completing Rule 8 mediation training. At Wright Family Law Group, our conciliators already meet statutory mediation requirements and have years of hands-on family law experience.

Are all conciliators attorneys or retired judges?

Almost all are. Because conciliation involves giving feedback on the legal strength of each party’s position, the work is usually done by practicing family law attorneys or retired judges. Many litigants prefer conciliators with strong mediation skills, as settlement—not courtroom posturing—is the goal.

Preparing for Your Conciliation Session

Most conciliators ask each party for a memorandum and a financial statement. If you already have a recent pretrial memorandum and updated financials, those documents may suffice. Conciliators also typically review relevant pleadings and court orders.

Self-represented litigants should take extra time to understand how the process works so they can make the most of the session.

Cost, Payment, and Fees

Who pays?

Private conciliation is usually a shared expense. Court-referred conciliation programs through local bar associations, such as the Middlesex County Bar Association or Essex County Bar Association may be low-cost or free. A conciliator’s feedback does not depend on who pays.

What does private conciliation cost?

At Wright Family Law Group:

• Minimum time: 4 hours
• Hourly rate: $375
• Includes 1 hour of document review + 3 hours for the session and follow-up
• Written reports/memos usually add about 1 additional hour
• Additional sessions are billed hourly

Many clients schedule extra time when they feel the process is moving them toward a resolution.

Reports and Written Feedback

You may request a written report summarizing the issues discussed, the conciliator’s feedback, and the status of negotiations. A report can be submitted to the judge, but only if both parties clearly agree to it in writing. Settlement summaries—similar to what a mediator might prepare—are also available.

Parties decide whether a report is created and what it contains.

Remote and Virtual Options

Conciliation works extremely well on Zoom and other virtual platforms. Remote sessions became especially common during the pandemic and remain a popular option because of the flexibility and efficiency.

Conciliation in Today’s Court Climate

Court schedules in Massachusetts are still feeling the ripple effects of the pandemic. Trials take longer to get dates, and it’s not unusual for cases to sit for months before anything moves. Because of that, a lot of people have started turning to conciliation as a way to keep their case from stalling out. A conciliator can jump in quickly, look at what’s going on, and give both sides a sense of how things might land if they had to go in front of a judge. It’s a much quicker way to get meaningful feedback and push settlement talks forward instead of waiting around for a trial date that may or may not stick.

How Cases Get to Conciliation

Many cases go to conciliation after litigation reaches a standstill, but referral can happen at any stage. With court delays still lingering, attorneys frequently recommend conciliation to make meaningful progress without abandoning litigation altogether.

Self-represented parties also use conciliation, although many choose evaluative mediation as an alternative when they want a slightly less formal setting.

Do I Need an Attorney for Conciliation?

No. Many participants are represented, but it is not mandatory. When attorneys are involved, each lawyer typically presents their client’s position, helps interpret the conciliator’s feedback, and guides settlement discussions.

A standard conciliation session often involves two parties and two attorneys.

Conciliation vs. Trial

Conciliation offers several advantages over waiting for a trial:

• Flexible scheduling — no months-long court delays
• Direct feedback — conciliators can share their opinions openly
• Active negotiation — the conciliator participates in settlement efforts

By contrast, judges at pretrial conferences offer only limited, preliminary impressions and generally do not get involved in settlement discussions. Conciliation allows for a more candid, hands-on approach.

Conciliation vs. Arbitration

Arbitration is essentially a private trial. The arbitrator hears evidence, applies legal standards, and issues a binding decision. Arbitrators rarely take part in settlement discussions.

Conciliation is not binding, and the conciliator is free to join the negotiation process. A conciliator evaluates each party’s case, offers perspective on likely trial outcomes, and then works directly with the parties to find common ground.

Retired judges can serve in either role, but conciliation often benefits from professionals with strong mediation and negotiation skills.

Conciliation vs. Mediation

Conciliation is similar to evaluative mediation, with a few key differences:

• Conciliators usually require written memoranda
• Attorneys are more commonly involved
• Sessions mimic a courtroom presentation, with each attorney outlining legal arguments
• The conciliator plays a more structured, authoritative role

Evaluative mediators also provide opinions and guidance, but the setting is typically less formal. In practice, once negotiations begin, the two processes can feel very similar.

What Does a Conciliator Actually Do?

A conciliator combines the roles of evaluator, mediator, and judge-like reviewer:

1. Reviews the parties’ memos and relevant filings
2. Meets with the parties and attorneys
3. Hears each side’s presentation
4. Gives candid feedback on the strengths and weaknesses of each position
5. Offers insight into how a judge might view the issues
6. Works directly with the parties to reach a settlement

The goal is resolution—not a ruling.

What Family Law Matters Can Be Resolved Through Conciliation?

Conciliation can help resolve nearly any matter heard in the Probate & Family Court, including:

• Contested Divorce actions
• Child Custody and Parenting Plan Disputes
• Child support matters
• Complaints for Modification
• Contempt Actions
• Parentage cases

The process can be used before litigation begins or at any point while a case is pending.

What Exactly Is Conciliation?

Conciliation is a structured negotiation process that uses a neutral third party to evaluate the dispute, highlight areas of agreement, and give real-world feedback about the strengths and weaknesses of each position. The conciliator then helps guide the parties toward a practical resolution.

If you’d like to explore whether conciliation could help move your case forward, contact Wright Family Law Group to schedule your free 15-minute discovery call today or call us at 978-917-7794.