Posts tagged "conciliation"

Alternative Dispute Resolution In Massachusetts: What Is Conciliation?

Supreme Judicial Court Rule 1:18 encompasses the Uniform Rules on Dispute Resolution ("Rules"). The Rules govern court-connected dispute resolution services provided in civil and criminal cases in the Commonwealth's trial courts. One of the express purposes of the Rules is to "foster innovation" in the delivery of court-connected dispute resolution services. Conciliation is an alternative dispute resolution process offered in many of the Commonwealth's Probate & Family Courts, and in some District and Superior Courts.

Limited Issues Settlement Conferences

Settlement conferences in pending divorce and family law cases often result in the parties entering full and final settlement agreements. The parties in such a case appear at an uncontested hearing when they ask the Judge to approve and incorporate their signed agreement into the court's judgment. This settlement procedure takes place in lieu of the parties taking their contested issues to trial, after which the Judge enters a final judgment on behalf of the parties, which is a final resolution of the case not based on an agreement between the parties, but on the Judge's findings of fact and his or her application of the law to such facts, which must be presented to the Judge in accordance with applicable rules of evidence at trial. Trying a case can indeed be a very expensive and time-consuming process.

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