The conciliation process focuses on resolving all, some or limited issues in any case. In the event that issues remain unresolved the conciliator will assist the parties in identifying what steps need to be taken to bring the unresolved issues to trial. The time spent in conciliation is not wasted. An agreement or “stipulation” on the agreed upon issues can be presented to the court while the unresolved issues can be litigated by a judge at a later time.

The conciliation process generally requires blocks of time contingent upon the complexity of the contested issues. Conciliation time blocks are generally scheduled for half days, or four (4) hours.

The cost to litigate divorce is generally higher than the cost of conciliation. Because conciliation tends to promote a faster result than litigation, the cost to conciliate reduces the parties’ respective lawyer’s fees. There is also an emotional cost to the parties and their children when they engage in protracted litigation. This emotional cost can be greatly reduced by the conciliation process.

If the parties come to a full or partial agreement at the conclusion of their conciliation, the conciliator can prepare a memorandum of understanding which the parties can later use as an outline for an agreement.

Conciliators who are attorneys can prepare full or partial agreements, or other court documents, which may be reviewed by the parties’ respective attorneys, filed with the court and subsequently presented to the court for approval.

If an agreement does not seem possible through conciliation or mediation, private adjudication allows the parties to present evidence to an experienced attorney in a formal or informal setting. The adjudicator will render a written decision based upon the evidence.

Private adjudication provides the parties and counsel with a cost-effective and time-effective method to present the relevant evidence supporting their respective positions as an alternative to conciliation or mediation.