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.

Members of the BCBA volunteer their services to help parties resolve their pending disputes before the court.

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, the Barnstable County Bar Association’s conciliation program is approved to offer dispute resolution services in the Barnstable and Nantucket Probate and Family Courts.